EBA and the 482 Visa Salary: Compared to the Market Rate
What is an EBA in the context of the 482 visa?
An Enterprise Bargaining Agreement (EBA) is an employment agreement negotiated directly between an employer and employees (or a union representing them), approved and formally registered by the Fair Work Commission. An EBA sets specific working conditions for a company or a group of employees, usually covering pay, allowances, working hours, and industry-specific conditions.
In the context of the 482 visa, an EBA raises a practical question: when an EBA sets the pay rate for a position, is that the salary the sponsor must pay the nominee? And how does that interact with DHA’s minimum salary requirements?
The foundational principle: no less favourable
The core 482 visa requirement on salary is that the sponsor must pay the nominee no less favourably than an Australian citizen or permanent resident would be paid for the same work in the same company at the same location.
This principle is known as “no less favourably”, or “terms and conditions no less favourable than the Australian equivalent”. It means:
- If an EBA applies to Australian employees in that company, the EBA also applies to the nominee
- The sponsor must not pay the nominee less than the EBA simply because the nominee is a foreign worker
EBA rate vs TSMIT: which applies?
This is the point that causes the most confusion. Two thresholds must be distinguished:
TSMIT — Temporary Skilled Migration Income Threshold
TSMIT is the absolute salary floor set by DHA, currently AUD 73,150 per year (as at 2026; check the current rate at the time of lodging). No one may sponsor a nominee on a salary below TSMIT, regardless of what an EBA or award says.
EBA rate
The EBA rate is the pay rate set by the enterprise agreement. In many industries (construction, mining, aviation, and so on), the EBA rate is significantly higher than TSMIT.
How to determine which rate applies
The simple rule is: take the higher of the applicable requirements:
| Situation | Rate that applies |
|---|---|
| EBA rate > TSMIT | Must pay at least the EBA rate |
| EBA rate < TSMIT | Must pay at least TSMIT |
| No EBA, but a modern award | Must pay at least max(award rate, TSMIT) |
| No EBA, no award | Must pay at least max(market salary, TSMIT) |
In most real cases where an EBA from a common industry applies, the EBA rate exceeds TSMIT, so the rate that must be met is the EBA rate.
Market Salary Rate (MSR) and its relationship to the EBA
When assessing a nomination, DHA requires the sponsor to declare the proposed salary and demonstrate that it is the market salary rate for that position.
If the company has an EBA, the EBA rate is usually evidence of the market salary rate within that company, because:
- The EBA has been approved by the Fair Work Commission
- The EBA reflects the outcome of genuine negotiation between employer and employee
- The EBA carries high credibility with DHA
However, if the company’s EBA rate is lower than the broader external market average (because the EBA was signed some time ago and not updated), DHA may still question the MSR. In that case, the sponsor should prepare additional MSR evidence from sources such as SEEK, LinkedIn Salary Insights, or industry reports.
Additional EBA components and how 482 salary is calculated
An EBA often includes components beyond base pay: night-shift allowances, seniority allowances, overtime payments, and so on. When declaring the salary for a 482 nominee, it is important to understand:
What counts towards the 482 salary:
- Base salary
- Regular guaranteed allowances
- The cash value of non-cash benefits (fringe benefits) may be counted in some cases
What does NOT count:
- Overtime — because it is not guaranteed
- Irregular or situational allowances
- Superannuation — not counted in the salary comparison against TSMIT
The sponsor must ensure that the “countable” part of the nominee’s salary structure meets TSMIT and is no less than the applicable EBA rate.
Documents proving EBA compliance
To be transparent with DHA and avoid risk if checked, the sponsor should keep:
- A copy of the applicable EBA (registered with the Fair Work Commission)
- The correct classification of the nominee within the EBA
- Monthly payslips showing the actual salary paid in line with the EBA
- Evidence of superannuation paid correctly under the EBA
- An employment contract for the nominee reflecting the EBA rate or higher
Consequences of paying below the EBA rate
If the sponsor pays the nominee below the EBA rate:
- It breaches the 482 visa sponsor obligations
- It breaches the Fair Work Act — and can be the subject of a claim by the nominee or the Fair Work Ombudsman
- Civil penalties can reach tens of thousands of dollars per breach
- It risks cancellation of SBS status
This is why understanding the EBA that applies to the position before lodging a nomination is a step that cannot be skipped.