Labour Agreements

By 11 July 2018August 19th, 2020No Comments

A Labour Agreement is a formal arrangement negotiated between an Australian employer (or industry) and the Australian Government, namely, the Department of Home Affairs.

Typically, a Labour Agreement is utilised by an employer to recruit overseas workers for occupations that cannot be sponsored under standard visa programs. In certain circumstances, a Labour Agreement can also provide concessions of some visa criteria such as English language or skill level. The terms and conditions of the Agreement are considered on a case-by-case basis.

Employers are required to provide substantial evidence of their genuine efforts to recruit locally for the relevant occupations in the relevant locations, as well as enlist support of relevant stakeholders.

If successful, a Labour Agreement generally provides access to temporary residence through the Temporary Skills Shortage (TSS) visa program; transition to permanent residence under the Employer Nomination Scheme may also be available. Like a Business Sponsorship, there are ongoing employer obligations that must be met in order to maintain the Agreement.

Some industry-specific Labour Agreements have been in place for many years, for example, agreements for Restaurant (Fine Dining), Dairy, Meat, Fishing, and Snow Sports industries as well as some religious organisations.

However, since the April 2017 changes to the occupations lists and limited pathways to permanent residence, Labour Agreements are being considered by an increasing number of our clients to meet some or all of their visa requirements.

Please contact your advisor if you wish to discuss your specific needs.

DISCLAIMER This information is current as of 11 July 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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Author Ron Kessels

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