Navigating employment offers for temporary skilled migration to Australia involves understanding three key concepts: Guaranteed Annual Earnings (GAE), Temporary Skilled Migration Income Threshold (TSMIT) and Australian Market Salary Rate (AMSR).
- GAE are the guaranteed annual earnings as detailed in an employee’s employment contract. This can include GUARANTEED overtime and allowances provided they are identified and guaranteed.
- TSMIT reflects the qualifying guaranteed annual earnings (GAE) a sponsored worker must earn to be eligible for the employer-sponsored visa programs.
- AMSR reflects the guaranteed annual earnings an Australian citizen (GAE) or permanent resident in the same role at the same location would earn.
- Where AMSR is below the TSMIT (will increase from $70,000 to $73,150 this July 1st), the position is NOT ELIGIBLE for sponsored visas.
- The GAE of the visa holder cannot be below the AMSR.
Where you are relying on guaranteed overtime to exceed the TSMIT level, the expectation is that your Australian employee also has access to the same arrangement. This government is very focused on the ‘same job – same pay’ approach to wages.
If you do not have an equivalent Australian worker in this role at that location, then you are required to complete market research to determine the Australian Market Salary Rate to determine your offer.
Do not just choose $73,150 – You must demonstrate what process and research you have undertaken to determine that the offer made to your overseas sponsored worker is equivalent to what an Australian worker would earn in that occupation and that workplace if an Australian was available to take the job.
Offers must always meet the National Employment Standards and comply with Fair Work Australia and any relevant award for your industry. We recommend seeking support from Fair Work or an industrial relations lawyer to ensure your contracts are compliant with Australian employment laws.
The information provided is for general use only and should NOT be taken as Migration Advice. For information about your circumstances, don’t hesitate to get in touch with Milestone Migration for immigration assistance.
