Under DAMA arrangements an English language concession is available to overseas workers who achieve an International English Language Testing System (IELTS) overall band score of 5.0 with no individual test component in Reading, Writing, Listening and Speaking being less than 4.0.
Please note: this only applies to those occupations identified as being eligible for an English language concession.
** For the occupation of Cook (Specialist Ethnic Cuisine), the overseas worker must also achieve an IELTS overall band score of 5.0 however, no minimum individual test component score applies.
Temporary Skilled Migration Income Threshold (TSMIT)
Under DAMA arrangements if a Northern Territory employer is able to provide a strong business case a concession to the TSMIT, which currently is $53 900 per annum may apply. The TSMIT concessions are:
Concession Option A (up to a 10 per cent concession to the TSMIT)
Where a Northern Territory employer can show that the base rate of pay offered to an overseas worker is no less favourable than what an Australian citizen or permanent resident could expect doing the same job in the same location a concession of up to 10 per cent of the TSMIT may be available. That is up to 10 per cent of $53 900 per annum, which equates to being no less than $48 510 per annum.
Concession Option B (TSMIT to include guaranteed overtime)
Where a Northern Territory employer can show that the base rate of pay offered to an overseas worker is no less favourable than what an Australian citizen or permanent resident could expect doing the same job in the same location, the TSMIT may be varied to include agreed guaranteed overtime where:
the guaranteed overtime is consistent with standard industry practice within the sector
there are equivalent Australians performing equivalent work in the Approved Sponsor’s workplace at the same location and whose arrangements have been guaranteed in an industrial arrangement for those workers, and
at the time of nomination the Approved Sponsor provides evidence that the hours are guaranteed within the employment contract for the overseas worker, and confirms the hours are consistent with the National Employment Standards.
For the purposes of determining whether or not the base rate of pay is equal to or greater than TSMIT, the base rate of pay may include a maximum of seven hours guaranteed overtime (up to a maximum of a 45 hour week).
The ‘National Employment Standards’ refers to the 10 minimum standards of employment that are set out in Part 2-2 of the Fair Work Act 2009.
Concession Option C (TSMIT to include non-monetary and monetary benefits)
Where a Northern Territory employer can show that the base rate of pay offered to an overseas worker is no less favourable than what an Australian citizen or permanent resident could expect doing the same job in the same location, the TSMIT may be varied to include monetary (excluding guaranteed additional hours) and non-monetary benefits, where:
the benefits support the living costs of the overseas worker
the overseas worker would have incurred that cost had it not been provided by the Approved Sponsor
the benefits are quantifiable
the benefits are consistent with the terms and conditions provided to existing Australians employed in a similar position
the benefits are guaranteed in the employment contract, and
the benefits exclude contingent payments such as overtime, bonuses and commissions.
When considering the base rate of pay for the purpose of calculating whether it is equal to or greater than TSMIT, the value of non-monetary benefits comprising of accommodation and meals:
may be capped by the Commonwealth at 10 per cent of TSMIT, and
should not exceed published home stay rates for the Northern Territory.