What are Labour Agreements?
Labour Agreements are formal agreements between the Australian government and employers. They provide a tailored pathway for businesses to sponsor overseas workers under 482, 494, and 186 visas when standard visa programs don’t quite fit their needs. Essentially, they allow employers to negotiate (or request) specific requirements and conditions for sponsoring skilled workers, addressing unique labour market shortages or specific industry requirements.
Types of Labour Agreements
There are five types of labour agreements:
- Company-Specific Labour Agreements;
- Designated Area Migration Agreements (DAMA);
- Global Talent Employer Sponsored (GTES) Agreements;
- Industry Labour Agreements; and
- Project Agreements. Among these.
Among these labour agreements, Industry Labour Agreements enable businesses in certain industries such as agriculture, aged care, fishing, dairy, and the meat processing industries to employ skilled, semi-skilled, and low-skilled workers for certain occupations that are not available in the standard stream.
Why Consider Industry Labour Agreements
There are currently ten industry agreements in place.
| · Aged Care · Horticulture · Meat Processing · Fishing | · Advertising · Minister of Religion · On-hire
| · Restaurant (Premium Dining) · Pork · Dairy |
Industry Labour Agreements hold significant value for the following reasons:
- Addressing Skills Shortages: For businesses in sectors like aged care and agriculture, where persistent skills shortages often hinder growth, Industry Labour Agreements offer a vital lifeline.
- Flexible Visa Requirements: Industry Labour Agreements offer flexible nomination and visa requirements for the occupation, salary levels, English language, age, and work experience, allowing employers the option to negotiate certain requirements with the Department of Home Affairs to meet their specific needs.
- Workforce Stability: Industry Labour Agreements provide reliable long-term workforce solutions for employers by securing a stable workforce for a period up to 4 years. For some industry labour agreements such as Horticulture Industry Labour Agreements, the employees *must work with the same employers for a period of 3 to 4 years (depending on the skill level) before they can apply for **186 TRT visas under Labour Agreement stream.
(*Note. For the standard stream, the 482 visa holders are no longer tied to their original employers to be eligible for the 186 TRT pathway).
(**Note. Employees still can pursue the 186 TRT standard stream after working 2 years under 482 visa– cross stream is available but employees must meet the salary and English requirements).
- Most Industry Labour Agreements require the 482 visa holders to work with the same employer for 3-4 years before they can move to a 186 TRT visa. For Aged Care Industry Labour Agreement, however, the employees are not tied to a specific employer. Applicants are only required to show that they have at least two years of relevant work experience (gained in a direct care occupation) undertaken in Australia.
Who Can Utilise the Industry Labour Agreement?
Any business facing genuine difficulty in recruiting suitably qualified/experienced Australian workers can explore an Industry Labour Agreement. However, the process involves complex procedures and requirements with the Department of Home Affairs and other key stakeholders such as relevant skills assessment authorities.
It is worth identifying the following key factors:
- Demonstrated Labour Shortage: Employers must provide evidence of genuine attempts to recruit Australian workers and demonstrate a clear labour shortage.
- Commitment to Training and Development: Employers are often required to demonstrate a commitment to training and developing Australian workers.
- Industry Requirements: Certain industries have pre-existing labour agreement templates with a list of occupations, salary and age concessions, or industry-specific requirements.
- Industry-specific Skills Assessments: The skills assessments, which evaluate the visa applicant’s qualification and/or work experience, are often conducted by industry-endorsed bodies such as VETASSESS, Nursing and Midwifery Accreditation Council, and Community Work Australia focusing on practical skills and experience relevant to the sector.
- Alternative evidence of qualifications: In some cases, employees may be able to solely rely on their work experience, if they do not have any relevant formal qualifications.
- Flexibility in skill level: Industry Labour Agreements require lower skill levels or less stringent qualifications than standard 482, 494, or 186 visa programs, acknowledging the unique demands of certain industries.
Navigating the Complexity with Nevett Ford Lawyers
Industry Labour Agreements can be complex and require expert guidance. At Nevett Ford Lawyers, our experienced migration team can:
- Assess your eligibility and provide tailored advice.
- Provide advice on labour market testing and application preparation.
- Assist with the Industry Labour Agreement applications and negotiations, aiming for favourable terms with the Department of Home Affairs.
- Prepare and lodge nominations and visa applications.
- Assist with deed of variation requests when necessary.
- Keep up to date with the ever-changing regulations.
Need Australian immigration law & visa assistance?
Contact us today so we can help guide you
Nevett Ford Lawyers Melbourne
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au
Visit our website: www.nevettford.com.au