If you are an employer who wishes to employ someone in an occupation where the standard temporary or permanent visa programs are not available, or seek other concessions, you may be able to apply for a Labour Agreement. The agreement, once approved, enables your business to sponsor a skilled worker to come to Australia and work for you on a Temporary Skills Shortage visa (Subclass 482) or a Permanent Employer Nominated Scheme visa (Subclass 186) depending what terms were negotiated in your agreement.
The employee can work only for your business while you sponsor their temporary visa. When you sponsor an employee you have certain obligations to them, some of which might continue after they leave your employment.
THE APPLICATION PROCESS FOR A LABOUR AGREEMENT STREAM VISA
Labour Agreement Application
Nomination Application
Personal Visa Application
ELIGIBILITY
Your business must initially demonstrate the need to source applicants from outside the Australian labour market by demonstrating the need for the particular occupation/s and providing information about the skilled workers that are required. Steps involved in this process include:
Identify the area of skills shortage and specific occupation required
Providing proof of unsuccessful attempts to hire Australian workers
Proof of consultation with relevant industry bodies
Specify the number of skilled workers needed
Specify the age, skill and English language requirements for occupations
Your business must also demonstrate that it can meet the requirements to hold a Labour Agreement, and that the sponsorship obligations can be met. The business will need to provide information to evidence this, including:
Documents to show that the business is legally established
Financial information to show that the business is currently operating
Have no adverse information regarding your business
Strong commitment to employing local labour and non-discriminatory recruitment practices
A Labour Agreement, once granted, is valid for up to five years. Your business can nominate a number of positions that are consistent with the agreed occupation under the same sponsorship agreement. Any subsequent application lodged by the company within the agreed five year period will only require a nomination and visa application.
The details of the position you are offering is reviewed at the nomination stage. The company must again provide evidence of a genuine need to employ the visa applicant. This includes that the position must:
Be a full time position
Comply with Australian laws and award conditions
Offer remuneration at a fair market rate
Have been advertised to try to fill the position locally, without success
The visa applicant must also meet the requirements at the Personal Visa application stage. More information is available on our Temporary Work visa page.
Other factors may influence eligibility for this agreement and visa, so it is important that you have your unique circumstances assessed. Oz Migration can offer advice to companies about the best way forward and we work with many companies on an on-going basis to assist with their immigration needs.
