What is the 482 visa minimum wage in Australia? This is a big issue in employment law. For millions of workers, a minimum wage isn’t just a number on a payslip – it’s the difference between being able to afford the basics and experiencing the financial stress all the time.
Working hard deserves a fair payment. But for many low wage earners or 482 visa workers the current minimum wage just isn’t enough. It forces them to choose between the basics and living a decent life. This isn’t just an economic issue – it’s about your worth as an employee. This is especially when an employee wants to know the 482 visa minimum wage.
Reminders for Employers
The bottom line is you must pay your sponsored workers fairly. This means:
- Fairness for all overseas workers: An overseas worker must receive the same guaranteed annual earnings as Australians doing the same job in the same location. This is the Annual Market Salary Rate (AMSR). The Department of Home Affairs will refuse a nominnation if the employer will only provide the generic market salary data.
- Protection of Australian jobs: Visa programs aren’t used to undercut Australian wages and job opportunities.
Moreover, note that there’s a minimum salary threshold called the Temporary Skilled Migration Income Threshold (TSMIT). As of July 1, 2024, the current Annual Market Salary Rate is $73,150.00 AUD. This is higher than the income threshold from July 1, 2023.
However, this change will not affect existing visa holders and nominations who lodged their applications before 1 July 2024. Your AMSR and the actual salary you offer must meet or exceed this threshold (excluding any non-monetary benefits). Moreover, any labour market testing reflects the current TSMIT.
482 Visa Minimum Wage: How to Determine the AMSR
The AMSR is based on what an equivalent Australian worker would earn. Here’s how to find that number:
- Is there an existing Australian worker doing the same job?
- If yes, pay them the same rate.
- If their salary is based on an agreement or award, provide details from the Fair Work Commission.
- If not based on an agreement or you pay above the award rate, provide relevant employment contracts and payslips.
- No equivalent worker, but there’s an agreement or award? If so, the employer must provide details from the Fair Work Commission.
- No equivalent worker or agreement? Research and explain how you determined a fair wage using at least two of these sources:
- Job outlook information
- Recent job advertisements
- Reputable remuneration surveys
- Advice from unions or employer associations
482 Visa Minimum Wage: Government Agencies Got Your Back
The Fair Work Ombudsman (FWO) and the Department of Home Affairs work together to make sure you understand your rights. Thus, your employer must comply with Australian workplace law and immigration regulations. Specifically, here are your protections under the Migration Act 1958:
- Equal Pay: Your employer must pay you the same as an Australian worker doing the same job in your workplace.
- Occupation-Specific Duties: You can only be assigned tasks related to your approved visa occupation.
- Travel Cost Coverage: Your employer must pay reasonable and necessary travel costs for you and your family to leave Australia if requested.
- Recruitment Cost Prohibition: You can’t be charged for recruitment or sponsorship fees.
- Work Authorisation: You can’t work for other employers without official permission.
- Verifiable Payment: Your 482 visa minimum wage or any other form of wage must be paid through a traceable method. Employers must pay such wages by bank transfer or cheque.
What Are Your Rights Under the Fair Work Act?
We’ll discuss the Fair Work Act in this 482 visa minimum wage article. The Fair Work Act (FW Act) and the National Employment Standards (NES) provide basic workplace protections for everyone in Australia. Visa holders are not exempt. Here are your key minimum entitlements:
- Standard Workweek: Full-time employees have a maximum 38-hour workweek, with additional “reasonable” hours allowed.
- Flexible Work Requests: Eligible employees can request flexible work arrangements from their employer.
- Leave: Parental leave (paid and unpaid), annual leave, personal/carer’s leave, compassionate leave, family and domestic violence leave, and community service leave are all available under NES.
- Long Service Leave: You are entitled to long service leave after a qualifying period.
- Public Holidays: Paid days off for public holidays are mandated, except in specific situations.
- Termination and Redundancy: You have the right to proper notice and severance pay if terminated or made redundant.
- Superannuation: Employers must contribute to your superannuation fund as required by law.
- Information Statements: New employees receive the Fair Work Information Statement, and casual employees receive the Casual Employment Information Statement.
- Casual to Permanent Conversion: Under certain circumstances, casual employees can convert to permanent positions. This means an increase in their 482 visa minimum wage.
What If I’m Not Being Paid Fairly?
Some employees may have asked themselves this question if they think they’re not getting the minimum wage they’re entitled to. What can they do? Here are three simple steps:
Step 1: Gather Information and Prepare
Check your employment contract and recent pay slips. Additionally, you must check your annual salary and compare it to the current Temporary Skilled Migration Income Threshold (TSMIT) which is AUD $70,000 (as of July 1, 2024). Use:
- The Fair Work website
- Job boards
- Remuneration surveys; or
- Union/employer association advice to determine the AMSR for your position and location.
Moreover, clearly state your concerns. Thus, you must also mention the specific visa requirement (minimum wage) and how you think it’s not being met.
Step 2: Talk to Your Employer
- Book a Meeting: Request a private meeting with your employer (preferably HR) to discuss your concerns. Be professional and polite.
- Present Your Case: Explain the gap between your wage and the minimum requirement. Additionally, you should show your employer the documents you gathered (contract, payslips, AMSR research).
- Ask for Clarification and Solution: Ask your employer to explain the situation and propose solutions. With this, they should ideally increase your salary to meet the minimum wage.
- Focus on Collaboration: Frame the conversation as a team effort to comply with visa regulations.
Additional Tips
- Stay calm and professional. Don’t be accusatory or aggressive.
- Stick to facts and visa 482 minimum wage requirements. Focus on the minimum wage requirement and your visa obligations.
- Take brief notes of the meeting, including date, key points and any agreements. But ask your employer if you can record the conversation.
- If it doesn’t go well, know your options. You can:
- The Fair Work Ombudsman for confidential advice
- Find a new employer who complies with visa requirements
- An employment lawyer and immigration lawyer who can act on your behalf.
Our Employment Lawyers
Did your conversation with your employer go nowhere? If so, contact JB Solicitors. Our employment and visa lawyers can advise you on your rights and legal options. We’ll look after you and get you the fair treatment you’re entitled to under your visa and Australian workplace laws.
Don’t hesitate to reach out to JB Solicitors today for a confidential consultation.