Labour Agreement and 482 VISA.

Labor agreements are negotiated between the government and businesses or organizations to facilitate the temporary or permanent recruitment of individuals to Australia for employment or participation in sports. The TSS (482) visa is what people with temporary labor agreements enter Australia on.

What is labor agreement?

Labor agreements are described as such in Regulation 1.03 of the Migration Regulations.

A “labour agreement” is a written contract signed by:

• The Minister, or the Employment Minister; and
• A person or organisation in Australia;

Whereby an employer is permitted to hire people to work for that employer in Australia.

For a visa in the Labour Agreement stream, there will be a nomination cost of $330 and a visa application fee of $2,400 as of March 2018.

Candidates for the labor agreement will need to meet the standards of the Training Benchmark.

The agreement must,

• Determine the industry’s pertinent skills gap and the reasons why Australian individuals are unable to fill these positions
• Identify the quantity of skilled personnel required from countries other than Australia.
• The minimum age, education, and language proficiency requirements in relation to the specified jobs. If indicated in the agreement, semi-skilled jobs may be taken into consideration for nominated positions.

Types of labor agreement

Labour agreements are currently divided into five ‘streams’:

• Company-specific Agreements:  

A company-specific labor agreement is created in direct consultation with an employer, and it will only be taken into consideration when there is an actual labor or skills shortage for a particular occupation that is not already addressed by an industry labor agreement, a pertinent project, or a designated area migration agreement. A company-specific agreement’s terms and circumstances are taken into account on a case-by-case basis.

A company-specific agreement’s terms and circumstances are taken into account on a case-by-case basis. Work Agreements are covered by Section 140GC of the Immigration Act and Regulation 2.76 of the Immigration Regulations as of September 14, 2009.

Reg 2.76(2) provides that

(2) A work agreement:

1. Must be between:
2. The Commonwealth, as represented by the Minister, or by the Minister and 1 or more other Ministers; and
3. A person, an unincorporated association or a partnership in Australia; and
4. Must be a labour agreement that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
5. Must be in effect.

• Industry Agreements:

An industry-specific labor agreement lays forth definite terms and conditions that the Minister and important industry stakeholders have agreed to. If the Department has received numerous such proposals from an industry and there is proof of persistent labor shortages within that industry, an industry agreement might be taken into consideration. When an industrial labor agreement is in effect, no other concessions save those specified in the agreement may be taken into consideration.

Currently the Department has labour agreements with several industries, including

1. Dairy industry,
2. Fishing industry,
3. Meat industry,
4. Pork industry,
5. On-hire,
6. Restaurants (fine dining), and
7. Ministers of religion.

• Project Agreements:

Project agreements provide access to trained and specialized semi-skilled temporary foreign employees through this category for infrastructure or resource development projects that are experiencing real skills or labor shortages. They are intended to support current Australian Government measures to address skill and labor shortages by preventing limitations on large-scale projects and the jeopardy of Australian jobs.

Project businesses may request a project agreement if their plans have been approved by the Department of Foreign Affairs and Trade under the China-Australia Investment Facilitation Arrangement (IFA).

• Designated Area Migration Agreements (DAMA)
• Global Talent Scheme (GTS) Start-up Business.

Since April 1, 2009, firms who intend to hire workers with 457 visas for jobs that are not on the lists of skilled occupations must sign a labor agreement. To explain how the program operates and provide information on how to apply for a labor agreement, Home Affairs has created a brochure titled “Labour Agreements.”

Employers who are parties to labor agreements are subject to the same sponsorship obligations as standard business sponsors, with the exception that the Minister must not be aware of any negative information about the sponsoring business or anyone connected to it, or, if the Minister is aware of negative information, the Minister must have reasonable grounds to disregard it.

The duration of labor agreement nominations will be five years starting in March 2018.

On August 1, 2014, Assistant Minister Senator Michaelia Cash announced that the government and Fronditha Care Nursing Facility in Victoria had successfully negotiated a labor agreement to hire bilingual Greek speakers with aged care experience to work in a variety of residential and support services for Greek-speaking senior citizens.

Other requirements for nominations and visa requests are similar to those for the Temporary Skill Shortage (482) visa.

ESI is here to assist if you wish to live and work in Australia as a skilled immigrant and need professional advice. With ample experience in the field of education and migration consulting, we offer complete solutions to the candidates and support them during the entire procedure.

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