The Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 introduces updated methods for determining the Annual Market Salary Rate (AMSR). These changes provide greater scope for employers when assessing market salary rates.
The amendments provide flexibility in determining the AMSR in circumstances where there is a relevant Fair Work instrument, state industrial instrument, or transitional instrument. The amendments allow for the use of an alternative methodology for determining the AMSR, based on either relevant employment documents where there is an equivalent Australian worker, or on relevant information where there is no equivalent Australian worker.
If a Fair Work, state, or transitional industrial instrument applies, AMSR will generally follow that instrument. Alternatively, employers may use employment documents of an equivalent Australian worker, as long as the salary is not lower than the instrument rate. If no equivalent worker exists, relevant market information can be used, provided it meets the minimum set by the instrument.
If no industrial instrument applies, AMSR will be based on employment documents where an equivalent Australian worker exists, or on relevant market information where no equivalent worker is available.
The instrument applies to nominations under Subclass 482, 494, 186, and 187 visas.
It commenced on 25 March 2026 and applies to all pending and new nomination applications from that date.
Click here: Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026