Determining the AMSR

Where there is an equivalent Australian worker

The AMSR is what you are paying this worker.

If the worker's salary is based on an enterprise agreement or industrial award, you provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable

• the salary level or occupation group that applies to the nomination

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide:

• copies of relevant employment contracts and

• pay slips for this employee

Note:

• An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.

• If the nominated overseas worker will be paid less than the equivalent Australian worker, we will refuse the nomination.

• If you provide only generic market salary data or salary surveys, we will refuse the nomination.

Where there is no equivalent worker but there is an enterprise agreement or industrial award

Provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable

• the salary level or occupation group that applies to the nomination

Where there is no equivalent worker, agreement or award

You must determine and then show us what the AMSR is.

Explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information could include at least two of the following:

• Job Outlook information

• advertisements from the last six months for equivalent positions in the same location 

• remuneration surveys completed by a reputable organisation

• written advice from unions or employer associations

Note:

• You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the AMSR we are likely to consider the requirement not met

• If you provide vague, unlabeled salary surveys and do not explain how you have determined the AMSR, we might refuse your nomination application.

• If the market salary rate determined is a 'range', explain and provide specific details regarding why you selected that AMSR.