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Labour Agreements

Labour Agreements 

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.

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When dealing with Ethos Migration Lawyers, you can be sure that you are receiving the most accurate and up to date advice regarding your migration matters.

Ethos Migration Lawyers solely focus on Australian Migration Law, therefore we are always kept up to date with the changes in legislation and regulations, and are able to provide premium services to our clients.

Ethos Migration Lawyers have vast experience in providing Australian Migration advice and representation to businesses, families and individuals.

Regardless of the complexity of your situation, Ethos Migration Lawyers can assist you to find a solution.

Labour Agreements

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.

Schedule a Consultation with Ethos Migration Lawyers for an assessment on your options for a Labour Agreement

What Kinds of Labour Agreement are Available?

This is an agreement between an individual business and the Australian government and is assessed on a case by case basis by the Department

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.

 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.

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 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.

Frequently Asked Questions

Labour Agreements are assessed on a case by case basis and can take the Department of Home Affairs up to six months to complete their assessment and process the Labour Agreement.

Business who have an approved Labour Agreement can sponsor skilled workers when the standard temporary and permanent visa programs are not available.

Generally, a Labour Agreement will be in effect for a period of five years.

Depending on the particulars of the Labour Agreement, most approvals give employers the ability to sponsor workers for either up to two or four years and may provide pathways to permanent residency for workers.

Currently there is a Dairy Industry Labour Agreement with the occupation of ‘senior dairy cattle farm worker’ which allows for a sponsorship up to four years with the option for permanent residency.

Using an immigration lawyer or registered migration agent ensures that each requirement is met and a successful outcome is achieved. Your visa application is too important not to get it right the first time.

No. If you have successfully obtained a Labour Agreement from the Department of Home Affairs you do not need to become a ‘Standard Business Sponsor’.

No, the training benchmark has been replaced by the Skilling Australians Fund Levy (SAF).

Depending on the terms of your labour agreement, you will be able to sponsor a specified number of overseas workers depending on the terms that have been agreed in your Labour Agreement.

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