WA3.30 Calculating remuneration

1. The proposed remuneration must meet the minimum pay threshold(s) required under these instructions (including WA3.15(b), and WA3.20(a)).
2. Remuneration will be calculated on the basis of guaranteed payment per hour.
3. For employment to be assessed as meeting a minimum pay threshold, the average guaranteed remuneration for each hour of work within a pay period, including any paid leave, must be at or above that threshold.
4. Remuneration will be calculated according to the hours of work stated in the Job Check application and the proposed employment agreement.
5. If all or part of the payment is proposed to be by annual salary, the payment per hour for the salary portion will be calculated by dividing the annual salary by 52 weeks, followed by the number of hours that will be worked each week. If the payment is by salary, but not annual salary, then the relevant number of weeks will be used instead.
6. Where the remuneration is not yet confirmed but will be within a range, the calculation will be based on the lowest rate.
7. Subject to (h) below, for the purposes of these instructions, remuneration includes:
   1. the value of any reasonable deduction from salary or wages for goods or services that is specified in the proposed employment agreement and/or Job Check application; and
   2. in the case of accommodation provided in connection to the employment:
      • the value of any reasonable deduction from salary or wages for that accommodation, that is specified in the proposed employment agreement and/or Job Check application; or
      • if an accommodation allowance is provided, the amount of that allowance that is specified in the proposed employment agreement and/or Job Check application.

        Note: In relation to WA3.30(g)(ii) above, the meaning of accommodation, and the value of accommodation that is included in the definition of ‘remuneration’, reflects the definition of accommodation and the value of accommodation that forms part of a person’s income under section CE 1 of the Income Tax Act 2007.

8. For the purposes of these instructions, remuneration excludes:
   1. other employment-related deductions or allowances (for example tool, or uniform allowances); and
   2. piece rates, commissions or bonuses which are dependent on performance and not guaranteed, even if these are considered reasonable.
9. When calculating remuneration including variable hours (at WA3.30.1):
   1. an immigration officer may rely on information provided by the employer in the Job Check application; and
   2. an immigration officer may request and review further evidence if they are not satisfied that these requirements are met; and
   3. despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (E7.10(a)(ii)), a Job Check application may be determined in accordance with the instructions at (i)(i) and (ii) above if the application was made before 20 November 2024 and has not been decided.

WA3.30.1 Variable hours

1. Hours of work per week will be considered variable where the proposed employment agreement contains a provision allowing the employer to request or require the employee to work additional hours from time to time.
2. If the hours of work are variable and the proposed employment agreement specifies payment other than by hour (including payment by salary), an immigration officer may request evidence of the range of hours to be worked, including the maximum, in order to calculate the remuneration of the employment.
3. Where evidence of the range of hours is provided in terms of (a) above or where the Job Check application or proposed employment agreement specifies a range of hours, the maximum hours will be used to calculate the remuneration.

WA3.30.5 Overnight hours

Where the proposed employment requires the employee to work overnight, but allows them to sleep during this time, any hours spent sleeping may be excluded from WA3.30(c) above, provided that:

1. for any hours the employee is sleeping, they are paid at or above the minimum wage; and
2. for any hours the employee is required to perform their duties, they are paid at least their normal rate; and
3. the employee is guaranteed a minimum of 30 hours per week at their normal rate required by any minimum pay threshold under these instructions; and
4. the proposed employment is for a job in the Aged, Residential Care or Disability Care industry.

Effective 20/11/2024