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  • Vacancies: Gauteng Municipalities
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Vacancies: Gauteng Municipalities

The labour agreement stream is designed for employers who have a demonstrated need to fill a position in their business, which they are unable to source from the Australian labour market.

Under a labour agreement, an employer can sponsor or nominate suitably skilled overseas workers for a labour agreement visa in accordance with the terms which have been negotiated with the Department of Home Affairs the Department in the executed labour agreement different types of agreements allow for varying levels of flexibility in this regard.

Labour agreements are generally in effect for five years. Labour Agreements are not aimed for wide application but rather, are designed to be used in limited or exceptional circumstances where the standard skilled visa programmes are not available.

It applies to the following skilled migration visas :. The labour agreement visa is an employer sponsored visa which allows the visa holder to temporarily reside in Australia for a period of up to 4 years the validity period will depend on the terms of the executed labour agreement. A labour agreement visa is an employer nominated permanent residence visa which enables a TSS visa holder to permanently settle in Australia upon visa grant.

The TSS and ENS visa programmes also allow specified family members of the visa holder to accompany them to Australia as dependent visa holders. Each of these visa classes is subject to separate specified valid application lodgement and visa grant requirements. Subclass visa holders must abide by certain visa conditions over the visa term.

Visa conditions do not apply to the labour agreement visa , but holders will be subject to certain obligations declared at time of application lodgement e.

The SESR visa is an employer sponsored skilled regional visa which allows the visa holder to temporarily reside in Australia for a period of five years. It provides a pathway to permanent residence after three years via the Subclass Permanent Residence Skilled Regional visa , which will be introduced on 16 NovemberEligible family members of skilled regional visa applicants may also be eligible for a new skilled regional visa as dependants of the primary applicant. Each of the above 3 applications must be successfully decided by the Department for the visa to be granted.

In this article, we provide an outline of the requirements and process involved in applying for a skilled visa under the labour agreement stream, for both employers and for potential visa applicants whom they are seeking to nominate.

Be mindful that labour agreements are a special case in that they operate outside of the standard skilled visa programmes. Given the complexity involved, we highly recommend engaging an expert migration agent to provide tailored, detailed immigration application advice and to help guide you through this process.

Labour Agreements are tailored to meet the individual needs and attributes of each employer. There are five types of Labour Agreements, as listed below:. Immigration policy provides comprehensive guidelines regarding the requirements that a business must comply with in order to be approved for a labour agreement. Although not legally binding, policy is nevertheless a very useful guide to how the Department is likely to interpret and apply the migration provisions to each application which comes before it.

It is beyond the scope of this article to provide a complete outline of these requirements or to consider every possible scenario that can arise due to the complexity involved and the volume of material to consider. We therefore strongly recommend if you are considering applying for a labour agreement for your business, that you seek professional advice in this regard.

This type of Agreement is made directly between the employer and the Department, and requires there to be:. The below criteria must be satisfied to receive approval of a company specific Labour Agreement. Separate specified requirements apply to Minister of Religion labour agreements. We recommend that you seek further visa information and immigration advice if this applies to you. The position must also not be an eligible occupation for nomination under the TSS visa programme.

There may be exceptions made in limited circumstances where these two requirements are not met. Approval is also required to be sought directly by the Minister for Immigration. If the proposed occupation is already eligible for nomination under the TSS programme, an application for a labour agreement should only be made if the employer is seeking a concession to the standard requirements that apply to the nominated occupation.

Skilled overseas workers which the employer is proposing to nominate for a visa under the labour agreement must:. The proposed nominee must also provide a skills assessment if this would be required under the TSS programme. Proposed salary and employment terms and conditions must comply with the same requirements as those that apply to the TSS Visa programme. These are listed below. The AMSR is a defined term in the migration provisions, and essentially requires the employer to demonstrate that the nominee will be paid no less than what an Australian worker would be paid for performing equivalent work on a full-time basis in the same workplace and at the same location.

It also includes the value of non-monetary benefits. Excluded from GAE are compulsory superannuation contributions. The migration provisions outline how the AMSR is to be determined, which will depend on whether there is an equivalent Australian worker performing equivalent work on a full-time basis in the same workplace at the same location. The nominee must meet the English language requirement which applies under the short-term stream applicable to the TSS visa programme.

If an employer is seeking a lower English competency to apply under the proposed Labour Agreement, the Minister for Immigration must provide approval. The new requirements apply to all nominations lodged on or after 1 October and prescribe the manner in which LMT must be undertaken.

Evidence should be supplied to demonstrate that the employer has conducted labour market testing which, at a minimum, meets the requirements that apply under the TSS visa programme. Be aware that the above labour market testing criteria, as they apply under the TSS visa programme, are not a legislative requirement applicable to Labour Market Agreement applications. However according to Immigration policy, the Department will generally not approve an application for a Labour Agreement unless the above evidence has been provided there may be more flexibility and discretion to accept alternative forms of evidence in individual cases.

The reason being that this evidence is used to assess whether the employer has made recent and genuine efforts to recruit, employ or engage Australian citizens or Australian permanent residents , which is a legislative requirement for approval of a Labour Agreement noting there are exemptions in certain circumstances.

The employer is also generally required to submit evidence of labour market testing when submitting each nomination application under an approved Labour Agreement depending on the terms of the labour agreement.

Additional evidence which may help to strengthen an application would include provision of the following:. Where a business has multiple business locations, evidence should be provided for each location with appropriate explanations as to why each position has been unable to be filled from the local employment market. From 1 September , this evidence must demonstrate at least 2 genuine attempts advertising to recruit qualified and experienced Australians.

The same LMT evidence can be used at each of the above stages, however the advertising must have occurred within the last 12 months before lodging the nomination application. Acceptable evidence includes one advertisement with national reach, such as Seek, Jobactive or an Australian industry website. For businesses in Category 3 regions, Jobactive advertising is still encouraged as an option but is not a prescribed requirement.

The employer must demonstrate that the business has been lawfully and actively operating in Australia in the 12 months immediately before lodgement of the application. Evidence must also be provided to demonstrate that the business has the financial capacity to support the number of workers which it is seeking to sponsor or nominate under the labour agreement.

This requires a letter of support from an accountant who must either be a registered Chartered Accountant CA or Certified Practicing Accountant CPA , outlining key financial information about the business and which confirms the above. There must be no adverse information known about the business. If there is such known information, the application can only be approved if Immigration deems it reasonable to disregard the adverse information.

In this case, the adverse information must be declared in the application with explanations provided as to why this information should be disregarded by the Department. Adverse information includes where a business has contravened any federal, State or Territory laws even if it is only at the stage of being investigated or subject to legal proceedings , insolvency, or if the business has provided a bogus document, or false or misleading information that is material, in any of its dealings in relation to migration e.

More specifically, is the employer seeking to enter into a labour agreement as a temporary measure, such that skills can be transferred to the Australian workforce and thereby ultimately benefit the Australian community and economy?

If the application instead reflects a plan to rely on the labour agreement indefinitely in meeting the needs of the business and contains no clear plans as to how it will provide training to Australians so that it can meet its labour market needs in the future, the application is likely not to meet this requirement. Before applying for a labour agreement, the employer must first consult with relevant industry stakeholders. This is not required if the business seeks to nominate:.

If a response is not received within this time-frame, follow up the request and allow an additional 5 working days for a response. All documentation relevant to the above industry stakeholder consultations must be supplied to the Department with the application.

The Department will consider all relevant matters in this regard, including the documentation and explanations provided by all parties, the strength of arguments and evidence presented, and will decide on this basis.

Employers within the relevant region covered by the DAMA can then individually apply for a labour agreement for their business. This type of labour agreement is designed to address skill shortages in the local labour market during the construction phase of resource and infrastructure projects.

The relevant project company is required to negotiate an agreement with the Department. Each individual employer must then apply for an individual labour agreement. The Global Talent Employer Sponsored program enables employers to sponsor overseas workers for highly-skilled niche positions that cannot be filled by Australian workers through other standard visa programs.

To enter into an agreement with the Department, a business must demonstrate that they are unable to fill the position through existing skilled visa programs. This may include creating new jobs for Australians, or transferring skills and knowledge to Australian workers.

The business must demonstrate how it will realise these opportunities throughout the GTES agreement period. Certain industries have negotiated labour agreements with the Department.

Individual employers in these selected industries can then apply for a labour agreement to apply to their business. Where such an agreement is in place for the industry in which a business operates, if approved, the individual labour agreement will contain the same terms and conditions which are specified in the broader industry agreement. The business cannot apply for any concessions, such as exemptions from the standards skilled visa requirements any relevant concessions would already have been negotiated with key industry stakeholders at the time of negotiating the overarching industry labour agreement.

According to Immigration policy, if a business operates in an industry which is already covered by one of the above industry agreements, another type of labour agreement such as a company-specific agreement would generally not be available. Individual requests in such cases must be approved by the Minister for Immigration. The Horticulture Industry Labour Agreement is designed to increase access to skilled and semi-skilled migrant workers for the horticulture industry, where appropriately qualified Australians are unavailable.

There is no cost to apply. It can take up to six months for the application to be processed. The application must address each requirement as it applies to the type of labour agreement for which an employer is seeking approval and must be accompanied by supporting documentary evidence.

During processing, the employer may be contacted by the Department requesting further information or clarification, in which case it will have 7 to 14 calendar days to respond. If the application is approved, the employer will receive a copy of the proposed Labour Agreement for review and signature. Upon receipt of the signed Agreement, the Department will confirm once the Agreement is in effect.

An employer must lodge a separate nomination application for each overseas worker which it is seeking to temporarily sponsor, either through the TSS or SESR visa pathway be aware that the Subclass Permanent Residence Skilled Regional visa will be introduced from 16 NovemberAn additional requirement which applies to the SESR and ENS nomination is that the labour agreement must include an option for permanent residence. Nomination applications are to be lodged online with the Department, with all required documents attached.

Each overseas worker seeking an employer sponsorship or nomination under the labour agreement must lodge a separate visa application, addressing all relevant requirements.

Visa applications are to be lodged online with the Department, and required documents attached. Visa applications are to be lodged online with the Department, with all required documents attached. In conclusion, we note that the above discussion provides an overview of the requirements and process involved in applying for a skilled visa under the labour agreement stream, for both employers and for potential visa applicants whom they are seeking to nominate.

We recommend that you seek professional advice before you proceed with applying under the labour agreement skilled visa stream, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application, and thus lessen the chance that it will be refused.

A migration professional can help you to do this. For up to date advice on the labour agreement skilled visa stream, book your confidential consultation with a migration agent in Adelaide.


Help harvest NSW

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Landscaping jobs

If you are looking for employment opportunities, now is a great time to consider agriculture and farm work. Learning how food is produced and harvested is an exciting regional experience. Browse the job boards below. If you are looking for employment opportunities, now is a great time to consider agricultural work.

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The labour agreement stream is designed for employers who have a demonstrated need to fill a position in their business, which they are unable to source from the Australian labour market. Under a labour agreement, an employer can sponsor or nominate suitably skilled overseas workers for a labour agreement visa in accordance with the terms which have been negotiated with the Department of Home Affairs the Department in the executed labour agreement different types of agreements allow for varying levels of flexibility in this regard. Labour agreements are generally in effect for five years. Labour Agreements are not aimed for wide application but rather, are designed to be used in limited or exceptional circumstances where the standard skilled visa programmes are not available. It applies to the following skilled migration visas :. The labour agreement visa is an employer sponsored visa which allows the visa holder to temporarily reside in Australia for a period of up to 4 years the validity period will depend on the terms of the executed labour agreement.

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