Labor
Agreement -- Frequently Asked Questions
1.
What is a Labour Agreement?
A Labour Agreement is
a formal arrangement negotiated between the
Commonwealth Government (represented by the Department
of Immigration and Multicultural and Indigenous
Affairs (DIMIA) and the Department of Employment and
Workplace Relations (DEWR)) and an employer or an
industry association. In certain cases, unions may
also be party to a Labour Agreement.
Labour Agreements
enable Australian employers to recruit a specified
number of workers from overseas in response to
identified or emerging labour market (or skill)
shortages in the Australian labour market. Employees
may come to Australia on either a temporary or a
permanent basis.
Labour Agreements are
designed to ensure that overseas recruitment does not
prevent the longer term improvement of employment and
training opportunities for Australians. Accordingly,
employers or industry associations are required to
make commitments to the employment, education,
training and career opportunities of Australians as
part of the agreement.
In general, Labour
Agreements ensure that:
- all relevant
stakeholders are included in negotiations and,
where possible, are signatories to any agreements,
- all labour market
sensitivities are resolved between the interested
parties,
- provision is made
for the ongoing recruitment, training and career
path of Australians, and
After the agreement
has been negotiated, the process consists of two
stages:
- nomination, by the
employer, of a position to be filled by an
overseas worker, and
- nominee's
application for a visa.
2.
Who is eligible to apply for a Labour Agreement?
Any lawfully
operating Australian employer or industry association.
3.
When are Labour Agreements appropriate?
Labour Agreements are
appropriate when an employer or industry association:
- has identified a
group of occupations or specialisations requiring
skills or experience not readily available within
the Australian labour market, or
- is under contract
to complete a specific project which requires
special expertise from overseas for a fixed
period, or
- has a requirement
for skills or technology new to Australia, or
- has an
international staff exchange program which
provides overseas career opportunities and work
experience for appropriately skilled Australian
personnel.
4.
What are the benefits of a Labour Agreement?
An employer or
industry association may negotiate the entry of a
number of people to fill a group of positions across a
wide range of (skilled) occupations without having to
test the domestic labour market each time it wishes to
recruit from overseas.
Visa applications for
overseas workers made under a Labour Agreement receive
priority processing.
5.
How do I obtain a Labour Agreement?
A written submission
in support of a request for a Labour Agreement should
be sent to DIMIA and DEWR covering:
- the employer's
company and/or industry structure and background,
- the number and
nature of skilled persons to be recruited from
overseas,
- evidence of prior
and ongoing efforts to recruit from the Australian
labour market,
- evidence of prior
and ongoing training of Australians, and
- the employer's
history of compliance with workplace relations
legislation
The provision of a
comprehensive initial submission covering the above
should expedite the negotiation and monitoring
processes. Please note that Labour Agreements are
usually negotiated within 6 to 12 weeks of receipt of
a detailed submission.
If the Commonwealth
Government decides to pursue a Labour Agreement with a
company or industry association, that company or
industry association may be required to provide
further information on employment, education, training
and industrial relations matters and will be invited
to meet government representatives to discuss the
proposal.
The lodgement of a
submission in support of a Labour Agreement does not
in itself guarantee that a Labour Agreement will be
negotiated - employers need to be assessed as
satisfying all of the criteria applicable to the visa
subclasses proposed for inclusion in a Labour
Agreement.
6.
What are the nomination requirements for a Labour
Agreement?
To nominate a person
under a Labour Agreement the employer must:
- be a party to a
current Labour Agreement,
In addition:
- the nomination
must be in accordance with the terms of the
relevant Labour Agreement,
- the nomination
must not exceed the agreed nomination ceiling for
the relevant Labour Agreement,
- the terms and
conditions of employment must be in accordance
with the relevant Labour Agreement.
7.
What are the visa requirements for a Labour Agreement?
To apply for a
permanent visa under a Labour Agreement you must
demonstrate that you:
- have been
nominated by an employer who is a party to a
current Labour Agreement,
- have the
qualifications, skills (including English language
skills) and experience specified in the relevant
Labour Agreement,
- satisfy any
mandatory licensing, registration or professional
membership requirements under the relevant Labour
Agreement
- meet health and
character requirements,
- if applying in
Australia, are the holder of a qualifying visa.
See:
Form
1066, Application for a long stay temporary
business visa
Form
47ES, Application for employer sponsored
migration to Australia
Business
centres
Office
and Contact Details Outside Australia
8.
How do I get further information about negotiating a
Labour Agreement?
Migration booklet 5, Employer
Sponsored Migration, contains information on
negotiating a Labour Agreement.
You can obtain
migration booklet 5 free online or purchase it:
- in Australia: by
telephoning the general inquiry number 131 881, or
- overseas: by
contacting your nearest Australian diplomatic
office.
Further information
is available from departmental business centres in
each State and Territory of Australia
See:
Booklet
5, Employer Sponsored Migration
Business
Centres
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