Introduction to Industry Labour Agreements
Facing workforce shortages, yet many skilled migrants who are eager to live and work in Australia? The Australian government’s Industry Labour Agreement (ILA) offer strategic skilled migration pathways to access the labour agreement agreed with the Australian government to meet the gaps across key sectors.
What are Industry Labour Agreements (ILA)?
An Industry Labour Agreement (ILA) is a formal agreement between the Australian Government and the specific industry sector within fixed terms and conditions. The industry must be able to show that they are experiencing ongoing, nationwide labour shortages. Unlike agreements with individual businesses or Designated Area Migration Agreements (DAMA), ILA targets the sector at a board level, providing concessions that can address these labour needs.
What are the Eligible Visa Programs that Can Access Industry Labour Agreements (ILA)?
Sponsoring employers who wish to utilise ILAs can sponsor skilled workers through these following visa programs:
What Industries are Covered by ILAs?
ILA currently has the following industries, including:
Advertising Industry
Aged Care Industry
On-hire Industry
Dairy Industry
Fishing Industry
Meat Industry
Minister of Religion
Pork Industry
Restaurant (Premium Dining) Industry
Horticulture Industry
Are There Any Concessions Offered Under ILAs?
Employers and visa applicants under ILAs can access certain concessions:
English Language concessions that allow visa applicants to have a reduced English language test threshold to meet the criteria more easily.
Core Skills Income Threshold (CSIT)/Temporary Skilled Migration Income Threshold (TSMIT) concessions, which allow salaries below the standard threshold
Age concessions for exceptions to age limits for permanent residence (PR) pathways.
Access to certain occupations is not usually available under the standard skilled migration lists.
What is the ILAs Visa Application Process?
To sponsor an overseas worker through the specific visa subclasses SID (SC482), SESR (SC494) or ENS (SC186) under an Industry Labour Agreement (ILA):
Businesses need to request an endorsement from the individual industry representative or an agreement.
For example, the Advertising industry must receive endorsement from the Media Federation of Australia (MFA) and The Communications Council (TCC) now known as the Advertising Council Australia.
If the endorsement is approved, employers then have to request an ILA from the Department of Home Affairs (DoHA). Businesses must have no adverse information.
Once the ILA is approved, sponsoring employers can access the specific eligible occupations, concessions, and nomination caps to nominate their skilled worker(s).
At the same time, employers must show a genuine need for the nominated position. Ensure that the Labour Market Testing (LMT) has been conducted for a minimum of 28 days.
Note: The Minister of Religion Labour Agreement (MoRLA) is not required for an LMT for the occupations of Minister of Religion or Religious Assistants.
If the nomination is approved, the visa applicant can then apply for the specific visa subclass with the approved nominated occupation.
Why ILAs Are a Great Visa Pathway?
ILAs provide pathways for skilled workers who may not meet all standard visa requirements due to age, income or language proficiency.
Related: Over the Age Limit and Still Want to Stay in Australia? Here Are Your Visa Options
How Can Agape Henry Crux Help
Reach out to Agape Henry Crux and speak with one of our team of immigration lawyers, who work closely with two of our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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