Labour Agreement for Direct Employer and Labour On-Hire Companies:
(A) Direct Employers:
Labour Agreements are formal arrangements between an employer and the Commonwealth which allows for the recruitment of an agreed number of overseas skilled workers. Both temporary and permanent visas can be granted under the agreement. Agreements are generally effective for two to three years.
Situations where an employer may consider accessing a Labour Agreement include:
- occupations that are not on the list of approved occupations for the Temporary Business (Long Stay) subclass 457 visa, permanent Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme yet a genuine skills shortage exists or occupations are not covered under the Australian and New Zealand Standard Classification of Occupations (ANZSCO)
- where a business recruits labour for the supply to an unrelated business and/or the hiring of labour to unrelated businesses (Labour agreement for Labour Hire Companies)
- meat companies – there are special arrangements for sponsoring skilled meat workers including for permanent residence.
This visa allows employers to employ people from overseas to:
- work in Australia for up to four years
- bring any eligible secondary applicants with them to Australia – secondary applicants can work and study
- after entering Australia, travel in and out of Australia an unlimited number of times.
This visa allows employers to employ people from overseas, and any dependent family members included in their visa application, to live as permanent residents in Australia.
Australian permanent residents can:
- live and work in Australia on a permanent basis
- study in Australia at school or university
- receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
- access certain social security payments (subject to waiting periods)
- be eligible for Australian citizenship (subject to the residency eligibility criteria)
- sponsor people for permanent residence.
(B) On-Hire Labour Companies:
Australian on-hire firms who seek to recruit overseas workers to hire out to unrelated businesses will need to request access to a labour agreement that has been developed to meet the needs of the on-hire industry.
The labour agreement, which is specifically tailored for the on-hire industry, provides the on-hire industry with a clear and defined pathway for the recruitment of skilled overseas workers.
On-hire firms seeking to recruit overseas workers to fill positions within their own organisation can continue to use standard business sponsorship arrangements.
Labour agreements provide a pathway to recruit overseas skilled workers where standard visa arrangements do not meet industry needs and access to overseas skilled workers is demonstrably in Australia’s best interests.
Visas granted under the labour agreement will allow for temporary entry to Australia for periods of up to four years. There is no cost in becoming a party to a labour agreement. Charges and fees will continue to apply for all nominations and visa applications lodged under a labour agreement.
How to request access to a labour agreement
On-hire firms will need to request access to a labour agreement by contacting the department.
The on-hire firm will be provided with information on the process of how to access a labour agreement. To become a party to a labour agreement, the on-hire firm must satisfy the department that the requirements of the industry labour agreement can be met.
If the request to access is accepted by the department and the terms of the agreement have been finalised, the agreement will be signed off by the on-hire firm and the Commonwealth.
Labour Agreement Application to Dept. of Immigration and Border Protection (DIBP):
Application preparation may take 3 to 6 months or more depending upon which industry employer or labour hire company belongs to and also will depend upon amount of documentation required to support the application.
Labour Agreement application could be extremely laborious and demanding as various authorities are to be contacted and various kinds of data to be collected to support the application.
Questionnaires laid down by DIBP in application of labour agreement will require great scrutiny and understanding each requirement in detail and answers to be provided to DIBP which can prove your case and convince DIBP to agree to labour agreement requested.
The terms and conditions of labour agreement are complex in nature and lot of care will be required to provide information to DIBP for application of labour agreement.
How BMS Global can assist Direct Employers and On-Hire Labour Companies for application of Labour Agreement to DIBP:
- We are as providing immigration assistance as registered migration agent sine last 16 years in Australia and we have dealt with various kinds of visa applications with DIBP
- We are situated in Western Australia and WA is probably only state who is rapidly progressing and experiencing skills shortages in various occupations in various industries across state; and
- We are committed to our work and we provide the best possible customer service to our clients. Please feel free to contact us for initial discussion for you labour agreement application to DIBP
- We will liaise with the Department of Immigration and Border Protection on your behalf, managing all correspondence and requests they put to us
- We will provide advice relating to the your migration goals for your selected visa category
- We analyse current Immigration Law relating to your nominated visa category and keep you informed of any changes to Immigration Law that will affect your application as Australian Immigration laws are complex and frequently changing and should be constantly analysed
- We assist in the completion and checking of the relevant application forms
- Providing advice and assistance relating to documentation required to support the application Prepare any necessary supporting submissions to the Department of Immigration and Border Protection
- Submit or lodge your application to the relevant Assessing Authority or Department for processing as soon as possible.
- Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the applicant.
- Wherever possible, assist you to comply with any request made by the Department
- Labour Agreement application is a very complex, costly, lengthy and time consuming process. The preparation and collection of documents may take 6 months or more and our cost will vary case to case and will certainly be of a much higher amount than we normally charge for ordinary visa applications. After submission of Labour Agreement applications, DIBP may take 6 months or 12 months or more for final decision because if DIBP agrees to grant Labour Agreement , the approval from the Hon Minister may take much longer than expected, thus making the entire process very lengthy, time consuming and very costly.
Please feel free to contact us anytime suitable to you and we can discuss with you the costs and requirements for a Labour Agreement application.