Market Salary Rate for Visa 482: The Mandatory Pay Rule
One of the most important protections in the visa 482 system is the market salary rate rule — the salary a sponsor is required to pay a visa 482 worker, which cannot be lower than the Australian market rate for an equivalent position.
What the market salary rate is
The market salary rate (MSR) is the salary that an Australian with equivalent qualifications and experience would be paid in the same position, at the same work location, under the same conditions.
It is not a fixed figure set by Home Affairs — it is a comparison rate: the business must demonstrate that it is paying the visa 482 worker no less than an equivalent local worker.
Why this rule exists
The MSR rule is designed to prevent businesses from hiring migrant workers at below-market pay, which would disadvantage both local workers and overseas workers. In principle: the visa 482 should not create a “cheap labour” option for businesses.
How a business determines the MSR
A business can determine the market salary rate through one of the following methods:
Enterprise Agreement (EA): If the position falls within the scope of an existing Enterprise Agreement of the business, the salary in the EA for the equivalent position is the benchmark.
Modern Award: If there is no EA, the relevant industry’s Modern Award for that position is the reference point.
Labour Market Analysis (LMA): The business gathers market salary data from salary surveys, job advertisements or industry reports to show the proposed salary is in line with the market.
The business needs to keep records verifying the MSR — including the method used and the reference data — ready for compliance checks.
An additional floor: TSMIT
Beyond the MSR, there is also an absolute floor: the Temporary Skilled Migration Income Threshold (TSMIT). A visa 482 worker’s salary cannot be lower than TSMIT, regardless of what the MSR works out to be. TSMIT is adjusted periodically by the government — check the current figure on the Home Affairs site when needed.
Annual salary review
The sponsor has an obligation to review the salary annually for the visa 482 worker. If market salaries rise, the business needs to adjust accordingly. It cannot keep a fixed salary for 4 years if the market has changed.
Consequences of non-compliance
A breach of the MSR can lead to:
- A formal warning from Home Affairs
- A civil penalty for the business
- Cancellation of Standard Business Sponsor status
- A bar on sponsoring in future
Home Affairs and the ABF can check compliance at any time — including unannounced checks.
What workers should know
If you suspect your salary is lower than the market or lower than that of a local colleague in the same role, this may be a breach of sponsor obligations. You have the right to report it to Home Affairs or the Fair Work Ombudsman — and whistleblower protections apply in these cases.