+ Type 1: Company-Specific labour agreements?
This is a direct negotiation between the business and the Government for occupations that are not within any of the industry templates below, relevant project or designated area migration agreement. The terms and conditions of a company-specific agreement are considered on a case-by-case basis.
It is a new pilot scheme which aims to bring and import skills to help Australia in combating the increasing global competition for high-tech skills and talent and cannot be filled by Australian workers and through other existing visa schemes. For more information please refer to our Global Talent Scheme page.
+ Type 3: Industry labour agreements
An industry labour agreement provides fixed terms and conditions agreed to by the Minister in consultation with key industry stakeholders, specific to an industry sector. Generally, an industry agreement is established when the Department has received a number of similar submissions from a specific industry, showing that there is ongoing labour shortages within that industry.
For industry labour agreement, no further concessions can be considered, other than the concessions already incorporated in the industry agreement.
Currently, there are 7 industry templates in place;
- On-hire industry
- Meat industry (for meat processing establishments)
- Minister of Religion
- Restaurant (Fine-Dining) (for Cooks and Chefs)
- Dairy Industry (for Senior Dairy Cattle Farm Worker)
- Pork Industry (for Senior Stockperson (Piggery))
- Fishing industry
+ Type 4: Designated Area Migration Agreements (DAMA) [insert hyperlink to DAMA]
Similar to Company Specific Labour Agreement, the DAMA is for businesses in designated areas and it requires the endorsement from the Designated Area Representatives. It provides flexibility for specific designated areas in Australia to respond to their unique economic and labour market conditions. There is currently only one DAMA in place to cover the Northern Territory (NT).
For more information please refer to our Designated Area Migration Agreements (DAMA) page [insert hyperlink to DAMA]
+ Type 5: Project Agreements
Project companies can access a project deed of agreement to address situations where facing a genuine shortage of suitably skilled Australian workers during the construction phase of infrastructure or resource development projects.
+ How to Access Labour Agreement?
Businesses will have to submit a strong business case to the Department of Home Affairs to assess the agreement suitability such as:
- labour market need
- current government policy or programs
- requests for concessions for lower minimum salary level, skilled occupations, English competency level and whether the employer was previously assessed as having poor commitment to employment and training of Australians.
Further to providing a strong business case, businesses must include information on how the company will undertake the following:
- Ensure that the variation to the English requirement will not pose a workplace health and safety risk;
- Ensure access to workplace relations protections;
- Ensure overseas workers can participate in the community;
- Ensure overseas workers can transfer skills to Australian workers;
- Ensure that the English language skills of overseas workers are able to be improved.
The service standard for negotiating a LA is approximately 3 months. However, the LA may take 9 months or more to finalise if there is no template available.