Here are some extracts from a DIBP request and their policy notes that might help you:for example a Genuine Position & No equivalent worker.
No equivalent worker
You have stated in the application that there are no other Australian citizens or permanent
residents in your business in an equivalent position.
You have indicated that you intend to pay a proposed base salary of xxx to the nominee.
Please provide evidence of how the nominees salary has been determined.
To facilitate the processing of your application, submit a statement explaining why you are
paying this proposed base salary. This may include information regarding the nominee's
years of experience, qualifications, additional skills, expertise and/or background.
Also, provide independent evidence demonstrating that the proposed terms and conditions
of employment for the nominee
are not less favourable than what would be provided to an
Australian citizen or permanent resident performing equivalent work at the same location.
The following are examples of independent evidence:
● If there is a Fair Work instrument, State industrial instrument or transitional
instrument that would apply to Australian citizens or Australian permanent
residents in similar workplaces, and an Australian citizen or Australian permanent
resident would be provided with employment terms and conditions in line with the
instrument, provide a copy of the relevant instrument.
● If a Fair Work instrument, State industrial instrument or transitional instrument
does not apply, and an Australian citizen or Australian permanent resident would
be provided with employment terms and conditions at above award rates on an
individual contract, provide a range of evidence from the following list:
❍ evidence of what Australian employees are paid in similar workplaces
● information from employer associations.
● information from unions.
❍ broader labour market salary data including:
● appropriate references to the Australian Bureau of Statistics (ABS)
Employee Earnings and Hours Survey available at Australian Bureau of Statistics, Australian Government
● appropriate references to the Australian Government's Job Outlook
website available at Job Outlook - Make Your Career a Reality
● copies of remuneration surveys (a number of surveys with an
explanation of how they relate to the nominated position). Where broad
ranges are given in the remuneration surveys provided, also provide
reasons a particular salary level has been selected for the nominee.
● similar job vacancy advertisements together with the salary, duties and
job description. Job advertisements must be recent.
Note that if you choose to provide remuneration surveys, they would need to be
accompanied by a statement explaining how the surveys have been applied to determine
the base rate of pay and terms and conditions of employment that would be provided to an
equivalent Australian citizen or Australian permanent resident.
Also, note that if you choose to provide job vacancy advertisements, include:
● a number of examples that state salary and job description, and
● a submission explaining how each job advertisement is similar to the nominated
If, however, you do have existing Australian employees performing equivalent work, then to
facilitate the processing of your application, provide evidence of the terms and conditions
offered to the equivalent workers, including the guaranteed annual earnings. Evidence may
include copies of:
● relevant Employment Contracts for Australian citizens or permanent residents
holding equivalent positions, and/or
● payslips for other employees (including previous employees) in your business in
equivalent positions, together with their timesheets.
If providing payslips include details of the equivalent workers' title and/or classification level
(personal details such as tax file numbers and other identifying information can be removed
to maintain privacy).