How are market salary rates assessed?
Where there is an equivalent Australian in the workplace, the market salary rate will be determined by the industrial arrangement that applies to this worker. The Subclass 457 visa holder must be provided the same terms and conditions that are provided to the equivalent Australian worker. Examples of industrial arrangements include enterprise agreement, industrial award, award conditions with over award salary rates and common law contract. Where there is no Australian performing equivalent work in the same workplace, the employer may demonstrate the market salary rate by reference to the applicable modern award or enterprise agreement. In absence of an award or enterprise agreement the employer is to provide the department with a range of evidence to substantiate the market salary rate. The evidence could include, but is not limited to, relevant remuneration surveys or published earnings data or evidence of what employees performing equivalent work are paid in similar workplaces. The
