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CONCESSIONS

Employers need to provide a business case to demonstrate their need to access available concessions (for each occupation and each concession).  The available concessions are:

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• Concession to English Language Requirement

• Age Concession

• Permanent Residence Pathway

• Temporary Skilled Migration Income Threshold (TSMIT) Concession

 

NOTE:

Concessions are not available for all Pilbara DAMA occupations - please refer to the relevant documents under the concessions below for further information.

 

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Occupations Eligible for the English Language Requirement Concession

 

The full list of occupations eligible for the English Language Requirement Concession is available here.

 

IELTS means the International English Language Testing System or the equivalent in another accepted English language test.

 

Other accepted English language tests are:

• Occupational English Test (OET);

• Test of English as a Foreign Language internet-based test (TOEFL iBT);

• Pearson Test of English (PTE) Academic test; or

• Cambridge English: Advanced (CAE) test.

 

The English language requirements may be met if a visa applicant would be regarded as an ‘exempt applicant’ for the purpose of the legislative instruments applicable to TSS, SESR and ENS visas.

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For any Occupations that are not eligible for the English Language concession, the Overseas Worker is required to meet the minimum standard English language requirements applicable to the TSS, SESR and ENS non-labour agreement visa streams under the Migration Regulations.

 

For the Occupations that are eligible for the English Language concession, the following applies:

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• TSS and SESR: average score of IELTS 5.0 with no minimum component (unless registration or licensing requires a higher level of English)

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• ENS: average score of IELTS 5.0 with no component being less than IELTS 4.0 or equivalent (unless registration or licensing requires a higher level of English).

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Age Concession

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Age concession for the ENS and SESR visa programs of:

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• 55 years for Overseas Workers in skill level 1-4 occupations listed in the table here

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• 50 years for Overseas Workers in skill level 5 occupations listed in the table here

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Permanent Residence Pathway

 

The full list of occupations eligible for Permanent Residence Pathway is available here.

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A permanent residence pathway for Overseas Workers may be available via the Subclass 494 (Skilled Employer Sponsored Regional) (SESR) and through Subclass 186 (Employer Nomination Scheme) (ENS) visa program for all applicable occupations under the Pilbara DAMA.

 

The following conditions will ordinarily be included in a Labour Agreement and will apply to any nomination for an ENS visa (in addition to the ENS requirements outlined in the Migration Legislation).

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1. The Overseas Worker, at the time of an application for approval of the nomination in relation to an ENS visa (‘the ENS nomination’), holds a TSS visa, a Subclass 457 visa (or a bridging visa in association with a TSS/457) visa; and

2. The Third Party’s ENS nomination identifies an Occupation in the Pilbara DAMA that was the subject of the most recently approved TSS visa for the Overseas Worker; and

3. The Overseas Worker has been employed on a full-time basis, in the ENS nominated occupation, an applicable occupation under the Pilbara DAMA, or a closely related occupation that is, also specified in the Pilbara DAMA, for a period of at least three (3) years before the ENS nomination is made;

4. For the whole time that the Overseas Worker was employed in accordance with paragraph c):

   1. He or she must have held a TSS visa, a Subclass 457 visa (or a bridging visa in association with a TSS/457) visa; and

   2. He or she must have worked in the Pilbara Designated Area; and

5. The Overseas Worker identified in the ENS nomination will be employed on a full-time basis in the position for at least two (2) years; and

6. The terms and conditions of employment of the Overseas Worker will not include an express exclusion of the possibility of extending the period of employment.

 

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Concession to the Temporary Skilled Migration Income Threshold (TSMIT)

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The TSMIT Concession is available for skill level 3-5 occupations. The full list of occupations eligible for TSMIT Concession is available here.

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The TSMIT is currently set at AUD$70,000 for nomination applications lodged on, and after 1 July 2023.

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Minimum income – the TSMIT concession may not be available for all occupations included in the DAMA.  Where employers can provide a strong business case, a concession to the TSMIT may apply.

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• Type 1 – ‘Reduced TSMIT’ (up to 10% concessions to TSMIT).  Where TSMIT is equal to or great than $70,000, the base rate of pay must be equal to or greater than 90% of TSMIT ($63,000); or

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• Type 2 – (up to 10% concession to TSMIT and the inclusion of non-monetary earnings). Where TSMIT is equal to or greater than $70,000, the base rate of pay may be equal to or greater than 90% of TSMIT; and these earnings may include ‘non-monetary earnings (other)’ capped at $4,851 annually.  Non-monetary earnings (other) refer to benefits such as phone, vehicle, food and board.

 

Employers seeking access to a TSMIT concession will need to provide evidence that the salary and employment conditions being offered to an overseas worker are in line with market rates in the Pilbara region.

 

Annual Market Salary RATE (AMSR)

Employers who wish to nominate workers for subclass 482, 494 and 186 must meet certain salary and employment condition requirements.  These requirements help to ensure that:

• Employers pay overseas workers no less than an Australian worker who is doing the same work in the same location, that is, the ‘annual market salary rate (AMSR)’.

• These visa programs are not used to undercut the Australian labour market.

 

If you will pay the overseas worker an annual salary less than AUD$250,000 you need to show:

• You have determined the AMSR correctly.

• You will not pay the overseas worker less than the AMSR, that is, less than an Australian worker would be paid and

• Both the AMSR and what you will pay the overseas worker, excluding any non-monetary benefits in both cases, is no less than the TSMIT.

 

Both the AMSR for the nominated occupation and the guaranteed annual earning you will pay to the worker must be at least as much as the current TSMIT.

 

The TSMIT does not include non-monetary benefits such as accommodation or a car.  Employers must pay such benefits in addition to the TSMIT.

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A TSMIT Fact sheet from the Department of Home Affairs is available here.

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