If your business is considering sponsoring an overseas national on a TSS (subclass 482) or an Employer Nominated (subclass 186) visa their occupation will need to be on the short term or medium and long term occupation list. In some cases, if the occupation is not in the list businesses can make an application to the Australian government for a labour agreement.
What is a Labour Agreement?
A labour agreement is an agreement between a business and the Australian government to facilitate the sponsorship of overseas workers where there is no existing availability. Businesses will need to satisfactorily demonstrate to the Department of Home Affairs that there is a genuine labour shortage of the particular occupation and the business has an overall commitment to employing Australian workers rather than sponsoring overseas labour.
If a business is considering employing a large amount of international workers and the TSS (subclass 482) visa programme is not suitable, a Labour Agreement can be negotiated between the Department of Home Affairs, and employer or the employers peak industry body.
Ethos Migration Lawyers is well equipped to assist employers whom are looking at establishing a Labour Agreement with the Australian Government ensuring professional advice is given, guidance and entire management of the application.
What Kinds of Labour Agreement are Available?
Company Specific Labour Agreements – this is an agreement between an individual business and the Australian government and is assessed on a case by case basis by the Department
Industry Labour Agreements – When the Department identifies an ongoing labour shortage in a particular industry the Department can implement what is known as an ‘Industry Labour Agreement’ that businesses can apply for.
Designated Area Migration Agreements (DAMA) – A DAMA allows specified areas experiencing skill shortages to recruit international workers. State and Territory governments and planning commissions are the entities that apply for this agreement to enable skilled migrants to apply under.
Global Talent Scheme Agreement – this is a new category that was implemented by the Government and has now been made permanent. It enables businesses to sponsor workers for very niche and highly skilled positions.
Project Agreements – Project businesses who are experiencing a labour or skills shortage are able to employ overseas workers during the construction of a resource of infrastructure project. Companies that have projects endorsed by the Department of Foreign Affairs (DFAT) under the China-Australia Investment Facilitation Arrangement (IFA) also have access to Project Agreements.
How can a Labour Agreement help a company?
If a company is requiring a skill set only held by overseas national’s for a large number of people a Labour Agreement can facilitate this process.
Alternatively, if an industry has identified a shortage or gap in the local skilled labour market, a large scale number of offshore national’s may be required to assist the business.
What are the requirements of a Labour Agreement?
- The business must demonstrate that it has been lawfully operating in Australia for at least the last 12 months and has the financial capacity to support the proposed workers;
- A genuine skills or labour shortage must be demonstrated;
- Employer’s are required to make employment, education, training and career advancement commitments for Australians;
- Businesses will need to consult with relevant industry stakeholders such as unions, agencies and industry associations before a labour agreement can be sought;
- The Labour Agreement must be in the best interests of Australia, its economy and its people.
If you have any questions about these requirements, or would like to speak to an immigration lawyer regarding labour agreements get in touch with Ethos Migration Lawyers today or give us a call on 1300 083 843.