LABOUR AGREEMENT

Labour agreements are made between the Government and industries or organisations for the recruitment of persons to Australia for employment or sporting activities, either on a temporary or permanent basis. Persons entering Australia on a Labour Agreement (temporary) visa do so under the TSS (482) visa.

Regulation 1.03 of the Migration Regulations define labour agreements to be

labour agreement means a formal agreement entered into between:

  1. the Minister, or the Employment Minister; and
  2. a person or organisation in Australia;

under which an employer is authorised to recruit persons to be employed by that employer in Australia.

As from March 2018, there will be a nomination fee of $330 and visa application charge of $2,400 for a visa in the Labour Agreement stream.
Nominators for the labour agreement will be required to meet Training Benchmark requirements.

Labour Agreement is defined in R1.03 to be
‘labour agreement means a formal agreement entered into between:

  1. the Minister, or the Employment Minister; and
  2. a person or organisation in Australia;

under which an employer is authorised to recruit persons to be employed by that employer in Australia.’

In all cases, a labour agreement must:

  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers,
  • specify the number of skilled workers needed from outside Australia,
  • specify the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

Labour agreements aim to provide a flexible response to the needs of industries experiencing skill shortages, while ensuring overseas recruitment does not affect long-term improvement of employment opportunities for Australians. The agreements also apply increased rigour to the consideration of the merit of a request for foreign workers. The application must meet the requirements of the relevant Labour Agreement, and the applicant must have suitable skills and experience to perform activities in Australia in accordance with the Labour Agreement.

Since 1 April 2009, employers who wish to employ staff under a 457 visa with occupations not on the skilled occupations lists will have to negotiate a Labour Agreement. Home Affairs has produced a booklet “Labour Agreements” to explain how the scheme works, and which also contains instructions on how to apply for a labour agreement.

Employers who are parties to Labour Agreements are subject to the same sponsorship obligations similar to those for standard business sponsors, with no adverse information being known to the Minister about the sponsoring business itself, or of anyone associated with it, or if adverse information is known to the Minister, there are reasonable grounds to disregard it.

As from March 2018, nominations for labour agreements will be set for 5 years.

On 1 August 2014, Assistant Minister Senator Michaelia Cash announced the successful negotiation of a labour agreement between the government and Fronditha Care Nursing Facility in Victoria to bring in bilingual Greek speaking workers with qualifications in aged care to work in a range of residential and support services to Greek speaking elderly citizens.

Other criteria pertaining to nominations and visa applications mirror those of the Temporary Skill Shortge (482) visa.

Labour agreements are currently divided into five ‘streams’:

  • Company-specific Agreements,
  • Industry Agreements,
  • Project Agreements
  • Designated Area Migration Agreements (DAMA),
  •  Global Talent Scheme (GTS) Start-up Business.

COMPANY-SPECIFIC AGREEMENTS
A company specific labour agreement or ‘work agreement’ is developed directly with an employer and is considered where a genuine skills or labour shortage for an occupation exists which is not already provided for in an industry labour agreement, or relevant project or designated area migration agreement. The terms and conditions of a company-specific agreement are considered on a case-by-case basis. As from 14 September 2009, Work Agreements are provided for in s.140GC of the Migration Act and Reg 2.76 of the Migration Regulations.

Reg 2.76(2) provides that

(2) A work agreement:

  1. must be between:
    1. the Commonwealth, as represented by the Minister, or by the Minister and 1 or more other Ministers; and
    2. a person, an unincorporated association or a partnership in Australia; and
  2. must be a labour agreement that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
  3. must be in effect.

Parties to a work agreement are not required to seek approval as a standard business sponsor. However, they are required to go through the nomination process and are subject to the same sponsorship obligations similar to those for standard business sponsors.

INDUSTRY AGREEMENTS
An industry-specific labour agreement provides fixed terms and conditions agreed to by the Minister in consultation with key industry stakeholders. An industry agreement might be considered if the Department has received a number of similar submissions from an industry and there is evidence of ongoing labour shortages within that industry. When an industry labour agreement is in place, no further concessions can be considered, other than those written in the agreement.

Currently the Department has labour agreements with several industries, including

  • dairy industry,
  • fishing industry,
  • meat industry,
  • pork industry,
  • on-hire,
  • restaurants (fine dining), and
  • Ministers of religion.

MINISTERS OF RELIGION LABOUR AGREEMENT (MORLA)
As from 1 July 2015, Ministers of Religion (ANZSCO 272211) became ineligible for both the ENS (186) and the RSMS (187) visas in the Direct Entry or Temporary Residence Transition streams, as well as the 457 visa. At the same time, previous exemptions available to religious workers on age, skill and English no longer apply, even if a nomination had been lodged prior to this date. Instead, as from 1 July 2015, Ministers of Religion will be admitted under a “Ministers of Religion Labour Agreement” (MORLA), which is a specialised subdivision within the Industry-specific Agreements. The agreement must be entered into by a religious organisation before a nomination will be accepted for the 482 visa or in the Labour Agreement stream of the 186 or 187 visa.

In March 2019, it was further announced that, in addition to Ministers of Religion (ANZSCO 272211), it is now also possible for religious institutions to nominate Religious Assistants (ANZSCO 451816) from overseas to work in Australia.

Ministers of Religion and Religious Assistants, after three years under the 482 visa, will be eligible for the 186 Employer Nomination visa.

REQUIREMENTS FOR MORLA

The nominating religious organisation

Under the MORLA scheme, a religious organisation must

  • meet the definition of ‘religious institution’ in Reg 1.03 of the Migration Regulations,
  • undertake ‘stakeholder consultation’ when seeking a MORLA,
  • provide evidence of meeting training requirements or obligations, and
  • proide evidence of any domestic training efforts.

Nevertheless, labour market testing are not required for Ministers of Religion or Religious Assistants (Reg 2.76A(2)).

Skill
For Ministers of Religion, The visa applicant must

  • have been ordained as a minister of religion (or had gone through an equivalent accreditation process within the faith), and
  • have attained the equivalent of an Australian bachelor degree or had undertaken at least 5 years of relevant structured training or instruction.

For Religious Assistants, the visa applicant must

  • possess relevant formal qualifications equivalent to a relevant AQF 2 or 3 at ANZSCO skill level 4, or
  • have at least 2 years relevant work experience as substitute for the formal qualification.

Age
There is no age requirement for the 482 TSS visa, but applicant
o must be aged 60 or under at time of application for the ENS (186) visa under an age exemption arrangement.

English
The visa applicant will still be eligible to some form of English language exemption, in that they must either

  • achieve an average score of 5.0 in IELTS with a minimum of 4.5 in each individual part, or
  • hold a passport of NZ, UK, USA, Canada or Ireland, or
  • have completed at least 5 years of secondary or higher education, where instruction was conducted in English, or
  • be directly serving the needs of an ethnic group, and where interaction with the wider Australian community will be limited.

Terms of employment and salary
The visaed minister of religion or religious assistant must receive the same terms and conditions of employment as other Australian religious workers, of equivalent standing, performing the same role at the same location, and
The salary to be paid must be paid from the Australian bank account of the sponsoring religious organisation, and

  • at least equivalent to the TSMIT (including monetary or non-monetary benefits), or
  • Where a vow of poverty is required by the faith, the sponsor must attest that it will provide all living needs, including board and lodging, health, education, welfare and any other costs incurred.

Note the ‘vow of poverty’ concession applies only to ministers of religion and not religious assistants.

PROJECT-SPECIFIC AGREEMENTS
Project agreements allow infrastructure or resource development projects experiencing genuine skills or labour shortages access to skilled and specialised semi-skilled temporary overseas workers through this program. They are designed to complement existing Australian Government initiatives to address skill and labour shortages by ensuring that shortages do not create constraints on major projects and jeopardise Australian jobs.

Project companies with projects endorsed by the Department of Foreign Affairs and Trade under the China-Australia Investment Facilitation Arrangement (IFA) can request a project agreement

This page contains information about requesting a fast food sector labor agreement. It should be read in conjunction with the information guide, Information about requesting a labor agreement.

A fast food sector labor agreement is the sole way for your company to hire temporary qualified foreign workers in positions such as retail manager or retail supervisor where you can prove that there is no availability of Australian manpower .

The terms and conditions of the fast food industry labour agreement have already been established and are non-negotiable.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)
ENGLISH LANGUAGE
  • Foreign skilled workers must meet one of the following English language efficiency  requirement in consistent with the standard subclass 457 programme:
    • Msut achieved an overall test score of at least 5.0 in an International English Language Testing System (IELTS), with a score of at least 4.5 in each of the four test areas
    • have achieved an Occupational English Test (OET) score of at least ‘B’ in each of the four components
    • have achieved a total score of at least 36 in a Test of English as a Foreign Language internet-based (TOEFL iBT), with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking
    • have achieved an overall test score of at least 36 in a Pearson Test of English (PTE) Academic, with a score of at least 30 in each of the four test components
    • have achieved an overall test score of 154 in a Cambridge English: Advanced (CAE) test conducted on or after 1 January 2015, with a score of at least 147 in each of the four test components
    • Should be a current passport holder  of any of the following countries:
      • Canada
      • New Zealand
      • The Republic of Ireland
      • The United Kingdom
      • The United States of America
    • Must have completed at least five cumulative years of full-time study in a secondary and/or higher education institution wherethe medium of  instruction was  English

    the visa holder will be paid a salary that is more than the English language requirement exempt amount.

OCCUPATION Employers can only nominate the following occupations.Retail manager (Skill level 2 – ANZSCO 142111)

A retail manager is responsible for the overall management of the outlet. This would include, but not be limited to:

  • determining product mix, stock levels and service standards
  • controlling selection, training and supervision of staff
  • promoting and advertising the establishments goods and services
  • ensuring compliance with Work Health and Safety legislation and safety regulations
  • undertaking budgeting
  • maintaining records of stock levels and financial transactions.

Retail supervisor (Skill level 4 – ANZSCO 621511)

A retail supervisor is in charge of managing and organizing the actions of retail salespeople. This includes, but is not limited to:

  • assuring customers of prompt service and high-quality goods and services
  • Inquiries and concerns from consumers are handled in a timely and professional manner.
  • planning and drafting work schedules, as well as allocating particular tasks to employees
  • ensuring that safety and security protocols are followed
  • inspecting returned products and deciding on the best course of action
  • taking inventory of items for sale and placing orders for new supplies ck.
SKILLS, QUALIFICATIONS AND EXPERIENCE
  • Retail managers (142111) must have one of the following:
    • a relevant qualification assessed by an Australian Registered Training Organisation (RTO) as equivalent to an AQF Diploma, or higher qualification, and at least three years relevant experience
    • at least five years relevant experience in a fast food environment.

    Retail supervisors ) must have one of the following:

    • a relevant qualification assessed by a RTO as equivalent to an AQF Certificate IV or higher qualification, and at least three years relevant experience
    • at least four years relevant experience in a fast food environment.
SALARY The basic rate of salary must be equal to or higher than the Income Threshold for Temporary Skilled Migration (TSMIT). For overseas workers, the terms and circumstances of employment must be no less favorable than those offered to an Australian worker performing the same responsibilities at the same place.

HOW DO I REQUEST A LABOR AGREEMENT IN THE FAST FOOD INDUSTRY?

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a fast food sector labor agreement. For more information, see Requesting a Labor Agreement.

This page contains information on requesting a labor agreement in the restaurant (fine dining) industry, and should be read in conjunction with the information guide Information about requesting a labor agreement.

A restaurant (fine dining) labor agreement permits Australian high-end dining establishments to hire foreign cooks and chefs on a temporary or permanent basis where the employer can prove that there is no availability of Australians in the local market .

The terms and conditions of the agreement have already been established and are non-negotiable.

KEY SETTINGS

EMPLOYERS Employers must meet the conditions of a  labour  agreement. Please visit the section on obtaining a labor agreement for more details. Each employer must show that their restaurant is of high quality, serves exclusively à la carte menus, and has the majority of the following characteristics:

  • service of silver
  • appointing a maître d’
  • uniformed and well-trained personnel
  • recognition in the industry (eg recent awards)
  • Food that is visually appealing and costs a lot of money
  • the required attire
  • websites of high quality 
  • Reservations are required.
VISA SUBCLASS Visa for Temporary Work (Skilled) (subclass 457) Where there is an ongoing labor or skill requirement and foreign workers have held a subclass 457 visa under a labor agreement for a minimum of two years in the occupation of chef or cook, an Employer Nomination Scheme visa (subclass 186) is available.
ENGLISH LANGUAGE Overseas skilled workers must meet one of the following English language proficiency requirements:Temporary Work (Skilled) visa (subclass 457):

  • an IELTS score of at least 5.0 overall, with at least 4.5 in each of the four exam components 
  • a minimum ‘B’ on the Occupational English Test (OET) in each of the four components
  • a total score of at least 36 on the internet-based Test of English as a Foreign Language (TOEFL iBT), with at least 3 for each of the test components of hearing and reading, and at least 12 for each of the test components of writing and speaking.
  • a Pearson Exam of English (PTE) Academic score of at least 36 overall, with a score of at least 30 in each of the four test components 
  • a total score of 154 on a Cambridge English: Advanced (CAE) test taken on or after January 1, 2015, with a minimum of 147 in each of the four test components
  • be a current passport holder from one of the nations listed below: 
  • Canada
  • New Zealand 
  • Ireland 
  • The United Kingdom 
  • The United States of America
  • having completed at least five years of full-time study in an English-taught secondary or higher education institution
  • The visa holder will be paid a wage that exceeds the exempt amount for English language requirements.

Employer Nomination Scheme visa (subclass 186):

  • in the three years immediately preceding to filing the visa application, an overall test score of at least 5.0 in IELTS, with a score of at least 4.5 in each of the four test components
  • a minimum test score in each of the four exam components: 4 for listening, 4 for reading, 14 for writing, and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT) taken within the three years before the visa application.
  • a Pearson Test of English (PTE) Academic score of at least 36 in each of the four test components (speaking, reading, listening, and writing) completed within the three years before to filing the visa application
  • a Cambridge English: Advanced (CAE) test score of at least 154 in each of the four test components (speaking, reading, listening, and writing) taken on or after January 1, 2015, and before to filing the visa application
  • be a current passport holder from one of the nations listed below: 
  • Canada
  • New Zealand 
  • Ireland 
  • The United Kingdom 
  • The United States of America
  • having completed at least five years of full-time study in an English-taught secondary or higher education institution
  • The visa holder’s earnings will be at least equal to the top individual income tax rate currently in effect at the Australian Tax Office.
OCCUPATION Employers can only nominate the following occupations:

  • chef (ANZSCO 351311)
  • cook (ANZSCO 351411)
SKILLS, QUALIFICATIONS AND EXPERIENCE Chef (as per ANZSCO):

  • AQF associate degree, advanced diploma or diploma
  • At least three years of relevant experience can be substituted for the official qualifications listed above. Relevant experience and/or on-the-job training may be required in some situations in addition to the official qualification.
  • Subclass 457 skill assessment to apply for passport holders of Brazil, China (including Hong Kong and Macau), Fiji, India, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe.

Cook (as per ANZSCO):

  • AQF certificate III including at least two years of on-the-job training, or AQF certificate IV.
  • The official qualifications listed above can be replaced with at least three years of relevant experience. In some cases, in addition to the formal qualification, relevant experience and/or on-the-job training may be necessary.
  • Subclass 457 skill assessment to apply for passport holders of Brazil, China (including Hong Kong and Macau), Fiji, India, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe.
SALARY The basic wage must be equal to or more than 90% of the Income Threshold for Temporary Skilled Migration (TSMIT). The terms and conditions of employment for overseas workers shall be no less favorable than those offered to an Australian worker doing the same responsibilities in the same location.

If the occupation of trade waiter and its accompanying qualification are nationally endorsed, the restaurant (fine dining) industry agreement will be expanded to incorporate it. There will be English language and salary requirements. Permanent residence may be sought for the occupation of trade waiter if it is nationally endorsed and there is a persistent labor or skill shortage. More details on qualifications and experience will be provided following national endorsement.

HOW TO REQUEST A RESTAURANT (FINE DINING) LABOUR AGREEMENT

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a restaurant (fine dining) industry labor agreement. For more information, see Requesting a Labor Agreement.

This page contains information about requesting a fishing industry labor agreement, and it should be read in conjunction with the information guide Information about requesting a labor agreement.

The only option for fishing industry companies to hire overseas workers in the occupations of “deck hand” and “fish hand” is through a fishing industry labor agreement.

The fishing industry agreement allows foreign fish hand and deck hand workers to work in the Australian fishing sector on a temporary basis. The rules and conditions of the fishing industry labor agreement are set in stone and cannot be changed.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)
ENGLISH LANGUAGE
  • Overseas skilled workers must have at least one of the following levels of English language proficiency:
  • in an International English Language Testing System, received an average test score of at least 4.5 (IELTS)
  • a total score of at least 32 on an internet-based Test of English as a Foreign Language (TOEFL iBT)
  • a Pearson Test of English (PTE) Academic with an overall score of at least 30 
  • In a Cambridge English: Advanced (CAE) test taken on or after January 1, 2015, I received an overall test score of 147.
  • be a current passport holder of any of the following countries:
    • Canada
    • New Zealand
    • the Republic of Ireland
    • the United Kingdom
    • the United States of America.
  • have completed at least five cumulative years of full-time study in a secondary and/or higher education institution where instruction was conducted in English
  • the visa holder will be paid a salary that is more than the English language requirement exempt amount.

Note: Employers must implement each of the following initiatives:

  • providing overseas workers with initial access to an interpreter during induction training
  • installing signage and providing training booklets for the overseas workers in both English and their native language
  • providing overseas workers with flexible English language instruction options such as DVDs and phrasebooks.

If a labour agreement is approved, the employer must ensure that every overseas worker has sufficient English language proficiency to both:

  • enable them to take reasonable care of his or her own health and safety in the workplace and that of the people they work with
  • understand his or her workplace and employment conditions.
OCCUPATION Employers can only nominate the following occupations:

  • deck hand (ANZSCO 899211)
  • fishing hand (ANZSCO 899212)

Note: Any of the tasks listed below can be performed by overseas workers nominated in either occupation. Overseas workers hired under this agreement are not required to register or obtain a license.

Deck and fishing hands maintain ships’ equipment and structures while catching fish, crustaceans, and mollusks in ocean and inland waters with nets, lines, and traps.

The tasks of deck and fishing hands are:

  • When berthing and unberthing, handle ropes and cables and operate mooring apparatus. 
  • keeping watch at sea and altering the ship’s course as commanded; 
  • aiding with cargo operations and stowing and securing cargo utilizing on-board equipment
  • patrolling ships to assure the vessel’s, cargo’s, and passengers’ safety 
  • maintaining and inspecting deck equipment, cargo gear, rigging, and lifesaving and firefighting equipments on a regular basis
  • securing equipment and towing lines to nets 
  • lowering nets, pots, lines, and traps into the water 
  • rigging lines, connecting running gear and bait, and positioning lines 
  • bringing in fishing equipment and removing fish and other aquatic creatures 
  • catching, sorting, cleaning, preserving, stowing, and refrigerating
SKILLS, QUALIFICATIONS AND EXPERIENCE Overseas workers hired for deck hand and/or fishing hand positions do not need to have an AQF certification, but they should have the following:

  • recent relevant experience of at least three years (evidenced by a signed sea-time or log book) 
  • have safety and rescue credentials in accordance with the International Convention on Standards, Training, Certification, and Watchkeeping for Seafarers, as amended, which was established in 1978.
  • hold a current first-aid certificate issued within the last 12 months previous to the nomination. The employer must guarantee that the overseas worker obtains an Australian first aid certificate within one year of starting employment with the employer if the first aid certificate was issued more than 12 months prior to the nomination.
SALARY Full-time employment is required for all foreign workers. The basic rate of salary must be equal to or higher than the Income Threshold for Temporary Skilled Migration (TSMIT).

 All foreign workers must be paid at least once a month.

For overseas workers, the terms and circumstances of employment must be no less favorable than those granted to an Australian worker performing the same responsibilities at the same place. If an Australian employee is performing the same job, you must include proof of salary and guaranteed overtime arrangements with your request.

In every 12-month period, if an equivalent Australian is paid more than an international worker, the employer must ensure the following:

  • An additional sum must be paid to the overseas worker by the company.
  • For the 12-month period, this sum should match the difference between the amount paid to an equivalent Australian and the amount paid to the overseas worker. 
  • This amount will be paid to overseas workers in the month after the 12-month period has ended..

Any payments deducted from an overseas worker’s salary must have the overseas worker’s written consent.

Employers must show that any deductions are compliant with the Fair Work Act 2009 and/or local labor agreements..

HOW DO I REQUEST A LABOR AGREEMENT IN THE FISHING INDUSTRY?

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a fishing industry labor agreement. For more information, see Requesting a Labor Agreement.

This page contains information about requesting a labor agreement in the meat sector and should be read in connection with the information guideInformation about getting a labor agreement.

The only way for an Australian meat processing employer to hire overseas workers in the employment of “skilled meat worker” is through a meat industry labor agreement.

The meat industry labor agreement allows foreign skilled meat workers to work in Australian meat processing plants on a temporary or permanent basis. The meat industry labor agreement’s terms and conditions have already been defined and are non-negotiable.

KEY SETTINGS

VISA SUBCLASSES Subclass 457 Visa for Temporary Work (Skilled) Employer Nomination Scheme visa (subclass 186), where an overseas worker has held a subclass 457 visa as a principal visa holder in the occupation of “skilled meat worker” for a minimum of three years and six months.
ENGLISH LANGUAGE The following English language competency standards must be met by overseas skilled workers: Applicants for a visa must either:

  • have a minimum overall score of 5.0 on an International English Language Testing System (IELTS) or equivalent approved test, with no minimum score in any of the test components of speaking, reading, writing, or listening

You must also show evidence of at least two of the following measures in your workplace to demonstrate Workplace Health and Safety:

  • access to an on-site interpreter who can converse fluently in the native language of the abroad skilled meat workers 
  • multilingual signage installation (photos in JPEG format are acceptable)
  • provision of training materials in both English and their local language for foreign skilled meat workers 
  • Flexible English language education choices such as DVDs or phrasebooks are available.
OCCUPATION Employers can only nominate a’skilled meat worker’ as an occupation. Because a competent meat worker’s duties and tasks are similar to those listed in a National Meat Industry Training Advisory Council (MINTRAC) Certificate III, A skilled meat worker may not be engaged in a laboring position or perform laboring or unskilled responsibilities unless the circumstances specified in the agreement apply. Tasks of a professional meat worker, including ANZSCO responsibilities occupations Slaughterer and Meat Boner and Slicer, are:

  • Stuns and kills animals, then prepares the carcasses for further processing by removing internal organs and skins.
  • directing and dropping carcasses and meat portions from supply lines to boning tables using switching controllers 
  • separating meat, fat, and tissue from around bones by cutting
  • removing foreign debris and blood from meat by washing, scraping, and cutting 
  • To prepare meat for packaging and selling, sides and quarters are chopped into conventional meat cuts like rumps, flanks, and shoulders, and internal fat, blood clots, bruises, and other materials are removed.
  • functioning restrainer and awe-inspiring apparatus 
  • jugular veins of stunned animals are severed to drain blood and make dressing easier. 
  • cutting animal heads and trimming and taking head meat 
  • animal carcasses are split open, eviscerated, and trimmed 
  • Religious customs dictate that livestock be slaughtered in certain ways.

Note: The occupation of “skilled meat worker” does not yet have an ANZSCO code. When designating this post, employers should utilize code 070499 instead of an ANZSCO code for administrative purposes only.

SKILLS, QUALIFICATIONS AND EXPERIENCE
  • Temporary Work (Skilled) visa (subclass 457) Overseas employees who want to propose a visa application for a subclass 457 visa must do the following: 
  • have been assessed and verified as having a minimum competence level of an Australian Qualification Framework (AQF) Certificate III in meat processing by a MINTRAC authorized assessor, and
  • a minimum of three years of skilled work experience at a meat processing facility acceptable to the labor agreement’s signatories, or
  • Prior to being nominated by the employer, the primary visa holder worked in Australia for at least nine months on a subclass 457 visa at an Australian meat processing establishment acceptable to the signatories to the labour agreement.

Employer Nomination Scheme visa (subclass 186)

Overseas employees who apply for a category 186 permanent visa must show that they have the necessary skills and qualifications, which include but are not limited to:

  • being certified as a “skilled meat worker” by a MINTRAC licensed assessor or another government-approved assessor as having the necessary skills for permanent admission
  • having worked in Australia as a ‘skilled meat worker’ on a subclass 457 visa for at least three years and six months, which can include any time spent performing the duties of a ‘skilled meat worker’ while technically nominated as a slaughterer or boner and slicer on a subclass 457 visa in the period prior to a company signing a labour agreement.
  • an IELTS test score of at least 5.0, or an equivalent approved test score 
  • be under the age of 50 at the time of nomination and submission of the visa application
SALARY The salary must be at least as high as the Income Threshold for Temporary Skilled Migration (TSMIT). Payments that can and cannot be accepted for the purpose of achieving the salary criteria are shown in Table 1 below. The TSMIT is based on a 38-hour work week, eliminating penalties and overtime, for the purposes of the meat industry labor agreement.

All penalties and overtime hours worked in excess of 38 hours per week must be compensated in line with the terms of the appropriate industrial instrument, which apply to both Australian and international workers at the meat processing facility.

In addition, the terms and circumstances of employment for overseas workers must be no less favorable than those granted to an Australian worker performing the same responsibilities at the same location. If an Australian employee is performing the same job, you must include proof of salary arrangements with your request.

TRAINING For each year of the labor agreement, employers must satisfy one of the following training benchmarks:

 

  • The business must spend at least 1.6 percent of total gross salaries (all employees – Australians and foreign workers) on organized training for Australians. 
  • Each Australian employee of the employer must get at least $1000 in structured training.
  • The employer must ensure that Australian apprentices and/or trainees are employed at a rate of no less than 15% of the total number of employees doing meat processing duties.
SPONSORSHIP OBLIGATIONS Sponsorship duties under Subclass 457  apply.apply. Additional requirements under the meat industry labour agreement, in addition to the subclass 457 sponsorship obligations, reflect the labor agreement’s specific nature. Variations have been made in particular to ensure that overseas workers be paid the minimum wage regardless of whether they are employed or not for a period of time.

HOW DO I REQUEST A LABOR AGREEMENT IN THE MEAT INDUSTRY?

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a meat industry labor agreement. For more information, see Requesting a Labor Agreement.

TRANSITION TO PERMANENT RESIDENCE

Overseas employees can only convert to a permanent visa after holding a subclass 457 visa as a principal visa holder for a minimum of three years and six months in the employment of “skilled meat worker” under the following circumstances:

  • Only a meat industry employer who is a signatory to a meat sector labor agreement can make a nomination.
  • Employers are only permitted to designate foreign workers in the occupation of “skilled meat worker.”
  • A meat industry labor agreement requires overseas workers to have the requisite experience, qualifications, and English language ability.
  • Overseas employees must be under the age of 50. at the time of nomination and visa application lodgement.

Rather than just converting temporary visa holders to permanent residence, employers must continue to demonstrate continued labor market necessity. Employers will also be held accountable for fulfilling all sponsorship requirements, such as training and recruitment, throughout their current and former labor agreements.

When hiring international labor, employers should avoid ‘promising’ a road to permanent residence. The number of nominations may be reviewed by the Department on an annual basis.

The table below lists the types of payments that can and cannot be used to meet TSMIT or the Annual Salary.

PAYMENTS THAT CAN BE ACCEPTED PAYMENTS THAT CANNOT BE ACCEPTED
Payments for work done during an employee’s regularly scheduled or rostered hours of work, such as regular hourly rates and/or piecework profits earned under a payment by results scheme. This includes guaranteed shift allowances in a work contract.
Extraneous work performed outside or beyond the employees’ regularly scheduled or rostered hours of work, such as overtime, work done on rostered days off, call outs, call backs, and any other payments for extraneous work performed outside or beyond the employees’ regularly scheduled or rostered hours of work.
Amounts paid out of the employee’s salary voluntarily in accordance with the employer’s approved payroll deduction scheme. Meal allowances, for example, are reimbursement allowances.
Payments for any leave, such as annual leave loading and cashed out leave entitlements. Employer contributions to superannuation are required by law.
Payments made at the end of a job, such as unused vacation pay, payment in lieu of notice, and/or severance pay. Payroll deductions after the tax has been deducted.
Payments for public holidays, regardless of whether or not the employee worked on the holiday. Workers’ compensation benefits are paid as payment for expenses like medical or pharmaceutical costs.
Payments made in accordance with the meat industry labor agreement. Where the labor contract did not guarantee shift allowances.
Worker’s compensation payouts are paid as a kind of remuneration for lost wages N/A
Employer payments to superannuation in excess of the statutory minimum. N/A

This page contains information on requesting a labor agreement in the on-hire industry. It should be read in conjunction with the information guide Information about requesting a labor agreement (116KB PDF).

An on-hire labor agreement allows your on-hire company to engage temporary skilled foreign workers for jobs on the Consolidated Sponsored Occupation List (CSOL)

when you can show that there is no suitably qualified Australian worker available. When a company signs an on-hire labor agreement, it becomes an approved sponsor and is entitled to nominate and hire workers  in the approved occupations

Your foreign workers can be allocated to work for a third party if you are a qualified sponsor with an on-hire firm. However, regardless of the assignment, you must remain the direct employer of any foreign workers sponsored under an on-hire industrial labor agreement, and overseas workers must be paid on a regular basis in accordance with how equivalent Australians are paid. If on-hire employers are proven to be in violation of the on-hire labor agreement’s terms, they face severe penalties.

The on-hire labor agreement is an industry agreement, which means that the terms and conditions have already been agreed upon and are non-negotiable.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)
ENGLISH LANGUAGE
  • In accordance with the regular subclass 457 scheme, overseas skilled employees must meet one of the following English language competency requirements:
    • have an overall IELTS score of at least 5.0, with at least 4.5 in each of the four exam components

     

    • have a minimum ‘B’ on the Occupational English Test (OET) in each of the four components
    • have a total score of at least 36 on the internet-based Test of English as a Foreign Language (TOEFL iBT), with a score of at least 3 on each of the test components of hearing and reading, and a score of at least 12 on each of the test components of writing and speaking.
    • have a Pearson Test of English (PTE) Academic score of at least 36 overall, with a score of at least 30 in each of the four test components 
    • have a total score of 154 in a Cambridge English: Advanced (CAE) test taken on or after January 1, 2015, with a minimum of 147 in each of the four test components
    • be a current passport holder of a passport of any of the following countries:
      • Canada
      • New Zealand
      • The Republic of Ireland
      • The United Kingdom
      • The United States of America
    • having completed at least five years of full-time study in an English-taught secondary or higher education institution 
    • The visa holder will be paid a wage that exceeds the amount that is exempt from the English language requirement.
OCCUPATION Only occupations on the Consolidated Sponsored Occupation List can be nominated by on-hire companies. The duties of the nominated occupation(s) must be in accordance with the relevant ANZSCO occupation code.
SKILLS, QUALIFICATIONS AND EXPERIENCE Overseas workers must have the ANZSCO-defined minimum skills, credentials, and experience for the nominated occupation(s). Workers from other countries are required to be able to complete all industry registration requirements in order to demonstrate that they have the necessary abilities to work in Australia. The skills evaluation standards for Subclass 482 TSS visas also apply.
SALARY Overseas workers sponsored under the on-hire labor agreement must be employed in ongoing, full-time roles and paid their full-time wage at the end of each salary period. While the overseas worker is on assignment, a third party cannot pay their salary. The relevant state/territory or federal award determines normal working hours.. In the absence of an award, full-time ordinary hours are defined as 38 hours per week.

The on-hire labour agreement forbids ‘benching,’ putting workers ‘on pause’ without pay or benefits, or forcing international workers to use their yearly leave while waiting for their next assignment. Similarly, leave without pay during a gap in assignments is not permitted without the Department’s prior approval.

The basic rate of salary must be equal to or higher than the Income Threshold for Temporary Skilled Migration (TSMIT). Any pay paid under an on-hire labor agreement, as well as the terms and conditions of employment, must be no less favorable than those offered to an Australian worker performing the same responsibilities at the same place.

Requests for salary concessions will not be taken into account.

TRAINING
At least one of the three milestones listed below must be met under an on-hire labor agreement:

  • If your company’s staff is mostly ANZSCO skill level one or two, the Commonwealth must be satisfied that 5% of your skilled personnel is made up of recent Australian graduates who are given structured training tied to professional growth and/or licensing requirements. T A’recent Australian graduate’ is someone who has recently completed a higher education (university) course and has less than 12 months of post-qualification employment experience.
  • The Commonwealth is satisfied that 15% of the company’s workforce consists of Australian apprentices (or trainees) or recent Australian apprentices (or trainees) (with less than 12 months post-qualification employment experience), including those employed by group training organizations but whose placements are coordinated by the company.
  • The organization spends at least 2% of total gross salaries on training Australian employees.

Further details are available below.

SPONSORSHIP OBLIGATIONS
Sponsorship obligations apply to subclasses 457 and 482. Additional requirements under the on-hire labor agreement reflect the specific character of this labor agreement, in addition to the subclass 457 sponsorship obligations. Variations have been made in particular to ensure that overseas personnel are paid their agreed-upon remuneration regardless of assignment. It is your responsibility to read these carefully before signing your labour agreement.

TRAINING COMMITMENT

Employers who want to use an on-hire labor agreement must show that they have a good track record of training Australians and that they are committed to doing so in the future. This criterion backs up the Australian government’s position that temporary migration arrangements should be used to supplement, not replace, investment in Australian training efforts.

On-hire employers can modify their chosen benchmark at any time throughout the term of the on-hire labor agreement, although the Department advises that the financial implications of fulfilling all three standards be carefully reviewed before requesting a labor agreement.

Indicate which of the following standards you aim to accomplish and show proof of your commitment to Australian training. The table below lists some instances of evidence that can be used to support each training goal:

TRAINING BENCHMARK A REQUIREMENTS
(GRADUATES)
TRAINING BENCHMARK B REQUIREMENTS
(APPRENTICES AND TRAINEES)
TRAINING BENCHMARK C EXAMPLES
(2% OF GROSS WAGES EXPENDITURE)
structured training program leading to unconditional occupational license and/or registration certificate of registration with the relevant  board. participation in Australian Apprenticeships Incentives Programmegroup training organisation placement(s) in your workplace Apprenticeship support and approval from the applicable state and/or territory training authority in the state or territory where your company operates

 

Your profit and loss statement should clearly show the pay of apprentices who are actively employed in your company.. This statement should be supported by an organisational structure chart.

payments for a formal course of study for the company’s Australian employees made to an industry training fund

 

payments to third-party training providers for Australian employees

 

providing a scholarship in a formal course of study authorized under the Australian Qualifications Framework for Australian citizens and permanent residents employed by the company, or for TAFE or university students as part of the company’s training strategy Graduates, apprentices, and trainees are paid gross earnings if certain prerequisites are met.

Earnings (or a percentage of wages) of an employee who, as part of their employment, trains the company’s employees who are Australian citizens or permanent residents.

HOW DO I REQUEST AN INDUSTRY LABOUR AGREEMENT ON HIRE?

Once you’ve concluded that you meet the requirements and completed stakeholder consultation, you can obtain an on-hire industry labour agreement – see the Information about requesting a labour agreement  for more information.

This page contains information about requesting a labor agreement in the dairy business. It should be read in conjunction with the information guide, Information about requesting a labor agreement.

 

The sole way for dairy sector employers to hire overseas workers in the occupation of “senior dairy  cattle farm worker” is through a dairy industry labor agreement.

The dairy industry agreement allows senior dairy cattle farm workers from other countries to work in the Australian dairy business on a temporary basis. The dairy industry labor agreement’s terms and conditions have already been defined and are non-negotiable non-negotiable.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)
ENGLISH LANGUAGE Overseas skilled workers must meet one of the following English language competency requirements under the ordinary subclass 457 scheme.:

  • have an overall IELTS score of at least 5.0, with at least 4.5 in each of the four exam components 
  • have a minimum ‘B’ on the Occupational English Test (OET) in each of the four components
  • have a total score of at least 36 on the internet-based Test of English as a Foreign Language (TOEFL iBT), with a score of at least 3 on each of the test components of listening and reading, and a score of at least 12 on each of the test components of writing and speaking. 
  • have a Pearson Test of English (PTE) Academic score of at least 36 overall, with a score of with a score of at least 30 in each of the four test components
  • have a total score of 154 in a Cambridge English: Advanced (CAE) test taken on or after January 1, 2015, with a minimum of 147 in each of the four test components
  • be a current passport holder of a passport of any of the following countries:
    • Canada
    • New Zealand
    • The Republic of Ireland
    • The United Kingdom
    • The United States of America
  • having completed at least five years of full-time study in an English-taught secondary or higher education institution 
  • The visa holder will be paid a wage that exceeds the exempt amount for English language requirements.
SKILLS, QUALIFICATIONS AND EXPERIENCE For the specified occupation, overseas workers must have the following minimal skills, credentials, and experience:

 

  • AQF Certificate III or similar qualifications as determined by a licensed training organization, plus at least three years of recent and relevant work experience, or 
  • have at least five years of recent work experience in a related field
SALARY The basic rate of salary must be equal to or higher than the Income Threshold for Temporary Skilled Migration (TSMIT). The basic rate of pay can be adjusted to incorporate up to seven hours of guaranteed overtime for the purposes of calculating TSMIT (to a maximum 45 hour week).

At the time of nomination, the approved sponsor must show proof that the hours are guaranteed.

For overseas workers, the terms and circumstances of employment must be no less favorable than those granted to an Australian worker performing the same responsibilities at the same place. If an Australian employee is performing the same job, you must include proof of salary and guaranteed overtime arrangements with your request.

All hours worked in excess of 45 per week must be compensated in line with the terms of the relevant industrial instrument, which applies to both Australian and international dairy workers.

HOW DO I REQUEST A LABOR AGREEMENT IN THE DAIRY INDUSTRY?

Once you’ve established that you meet the standards and conducted stakeholder consultation, you can request a dairy industry labor agreement. For more information, see Requesting a Labor Agreement.

This page contains information about requesting a labor agreement in the pork business. It should be read in conjunction with the information guide, Information about requesting a labor agreement.

 

The only way for pork industry companies to hire abroad workers in the occupation of “senior stockperson (piggery)” is through a pork industry labor agreement.

The pork industry labor agreement allows abroad senior stockpersons to work in the Australian pig sector on a temporary or permanent basis. The pork sector labor agreement’s terms and conditions have already been defined and are non-negotiable.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)Employer Nomination Scheme visa (subclass 186), if an overseas worker has held a subclass 457 visa as a primary visa holder in the occupation of senior stockperson for a minimum of four years (piggery).
ENGLISH LANGUAGE Temporary Work (Skilled) visa (subclass 457)Overseas skilled workers must meet one of the following English language proficiency requirements:

  • achieved an overall test score of at least 5.0 in an International English Language Testing System (IELTS), with a score of at least 4.5 in each of the four test components
  • achieved an Occupational English Test (OET) score of at least ‘B’ in each of the four components
  • achieved a total score of at least 36 in a Test of English as a Foreign Language internet-based (TOEFL iBT), with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking
  • achieved an overall test score of at least 36 in a Pearson Test of English (PTE) Academic, with a score of at least 30 in each of the four test components
  • achieved an overall test score of 154 in a Cambridge English: Advanced (CAE) test conducted on or after 1 January 2015, with a score of at least 147 in each of the four test components
  • a current passport holder of a passport of any of the following countries:
    • Canada
    • New Zealand
    • The Republic of Ireland
    • The United Kingdom
    • The United States of America
  • completed at least five cumulative years of full-time study in a secondary and/or higher education institution where instruction was conducted in English
  • the visa holder will be paid a salary that is more than the English language requirement exempt amount.

Employer Nomination Scheme visa (subclass 186):

Overseas skilled workers must meet one of the following English language proficiency requirements:

  • a test score of at least 5.0 in IELTS, in the three years immediately prior to lodging the visa application
  • a minimum test score in each of the four test components: 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT) test that has been undertaken in the three years immediately prior to lodging the visa application
  • a test score of at least 36 in each of the four test components (speaking, reading, listening and writing) in a Pearson Test of English (PTE) Academic that has been undertaken in the three years immediately prior to lodging the visa application
  • a test score of at least 154 in each of the four test components (speaking, reading, listening and writing) in a Cambridge English: Advanced (CAE) test that was undertaken on or after 1 January 2015 and prior to lodging the visa application
  • have completed at least five years of full-time study in a secondary and/or higher education institution where instruction was conducted in English
  • be a current passport holder of a passport of any of the following countries:
    • Canada
    • New Zealand
    • The Republic of Ireland
    • The United Kingdom
    • The United States of America
  • the visa holder’s earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate.
OCCUPATION Employers are only allowed to nominate one occupation: “senior stockperson (piggery).” responsibilities of a senior stockperson (piggery) job: 

  • In terms of required human resources, physical resources, safety requirements, consumables, paperwork, and measurement devices, supervise the site and facilities.
  • maintain and comply with the company’s quality assurance procedure for the site, ensuring that all applicable paperwork is kept up to date 
  • In order to aid stock and inventory control, supervise data gathering and recording to ensure accuracy. 
  • carry out specific responsibilities as allocated by management in order to ensure that environmental, quality, and safety objectives are satisfied.
  • Reduce scheduled and unplanned downtime by implementing preventative maintenance programs. 
  • In accordance with study procedures, supervise trial sheds and collect and record data. 
  • breeding stock and/or pigs  selection for sale
  • Daily inspection of livestock monitoring and involvement to ensure that animals are properly fed, watered, and environmental standards are satisfied. In this example, the senior stockperson (piggery) would supervise and work with a less experienced stockperson.
  • Daily livestock inspections are supervised and participated in to ensure that compromised animals are individually examined, identified, treated, and recorded in compliance with the Company Herd Health Plan and the industry’s Model Code of Practice. 
  • euthanize sick or wounded stock humanely and in compliance with the 3rd edition of the Model Code of Practice for Animal Welfare – Pigs
  • examine and report on the findings of post-mortem investigations of deceased stock

 

  • gather boar sperm in a lab for artificial insemination

 

  • At the artificial insemination laboratory, perform processing duties

 

  • Individually monitored mating or Artificial Insemination are used to supervise and participate in animal mating. Position.
  • To reduce the number of stillbirths, the birthing process should be overseen, including the ability to physically undertake unsupervised internal exams of females during parturition.
  • As needed, attend company/industry training sessions and workshops. 
  • carry out any other responsibilities assigned by the Unit Manager.

Note that the occupation of “senior stockperson (piggery)” does not yet have an ANZSCO code. When designating this post, employers should utilize code 070499 instead of an ANZSCO code for administrative purposes only.

SKILLS, QUALIFICATIONS AND EXPERIENCE For the specified occupation, overseas workers must have the following minimal skills, credentials, and experience: 

  • at least an AQF Certificate III in Agriculture (Pig Production), or equivalent qualifications as determined by a registered training organization; and demonstrate at least three years of recent and relevant work experience in a medium to large commercial piggery, or at least have five years of relevant and recent work experience
SALARY The basic rate of salary must be equal to or higher than the Income Threshold for Temporary Skilled Migration (TSMIT).

The basic rate of pay can be changed to include up to six hours of guaranteed overtime for the purposes of calculating TSMIT (to a maximum 44 hour week).. At the time of nomination, the approved sponsor must show proof that the hours are guaranteed.

For overseas workers, the terms and circumstances of employment must be no less favorable than those granted to an Australian worker performing the same responsibilities at the same place. When an Australian employee performs the same task, Your request must be accompanied by proof of salary and guaranteed overtime agreements.

All hours worked in excess of 44 per week must be compensated in accordance with the terms of the relevant industrial instrument, which applies to both Australian and international pork industry

HOW DO I REQUEST A LABOR AGREEMENT IN THE PORK INDUSTRY?

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a pork industry labor agreement. For more information, see Requesting a Labor Agreement.

TRANSITION TO PERMANENT RESIDENCE

Overseas employees can only convert to a permanent visa after holding a subclass 457 visa as a principal visa holder for a minimum of four years in the occupation of “senior stockperson (piggery)” in each of the following circumstances:

 

  • A pork sector employer who is a signatory to a pork industry labor agreement can only make a nomination.
  • Employers can only propose overseas workers who work as “senior stockperson (piggery).” 
  • A pork sector labor agreement requires overseas workers to have the requisite experience, qualifications, and English language ability. 
  • At the time of nomination and visa application, overseas workers must be under the age of 50.

 

Rather than just converting temporary visa holders to permanent residence, employers will be asked to demonstrate continued labor market demand. Employers will also be held accountable for fulfilling all sponsorship requirements, such as training and recruitment, throughout their current and former labor agreements.

When hiring international labor, firms should avoid ‘promising’ a road to permanent residence. The number of nominations may be reviewed by the Department on an annual basis.

This page contains information about requesting a labor agreement in the snow sport industry and should be read in conjunction with the information guideInformation about requesting a labor agreement.

The only option for companies in the snow sport sector to hire overseas workers in the occupations of ‘ski/snowboard instructor,’ ‘ski patroller (medic),’ ‘ski technician,’ ‘snow groomer,’ and ‘lift operator’ is through a snow sport industry labor agreement.

The Snow Sport industry Agreement allows foreign workers to work in Australia’s snow sport industry on a temporary basis. The terms and conditions of the snow sport industry’s collective bargaining agreement have already been agreed upon and are non-negotiable.

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)
PERIOD OF VISA The duration of visas granted under a snow sport industry labor agreement is limited to six months, which corresponds to the nominated time of employment.
ENGLISH LANGUAGE English language competency requirements for regular visas (subclass 457) are waived. The employer must ensure that the foreign worker has sufficient English language skills to: 

  • take appropriate precautions to ensure his or her own health and safety at work 
  • take proper care for those  who may be affected by the applicant’s or proposed applicant’s actions or omissions at work.
  • take reasonable precautions to protect the health and safety of anyone who might be harmed by the foreign worker’s actions or omissions at work. 
  • His or her workplace and working environment are well-understood.
  • Additionally, the employer must give information, instruction, and training in the local language of the foreign worker in order to protect the health and safety of: 

                    the foreign worker in the workplace.

Employers can only nominate the following occupations:

  • ski/snowboard instructor (ANZSCO 452314)
  • ski patroller (medic) (ANZSCO 451899)
  • ski technician (ANZSCO 149999)
  • snow groomer (ANZSCO 721999)
  • lift operator (ANZSCO 341113)
SKILLS, QUALIFICATIONS AND EXPERIENCE Overseas workers hired for a position offered under the snow sport industry labor agreement should have the following qualities, skills, and experience. A ski/snowboard teacher must have the following qualifications:

  • an Australian Professional Snowsport Instructors (APSI) level 1 or higher qualification, or comparable abroad qualifications accepted by the employer and covered by the Alpine Resort Award 2010
  • a minimum of two seasons’ worth of experience in the field
  • Ski patrollers (medics) must have the following qualifications: 
  • a first aid certificate from the Australian Ski Patrol Association (ASPA) or an equivalent abroad certification recognized by the ASPA 
  • a minimum of two seasons’ worth of experience in the field.
  • One of the following qualifications is required of a ski technician:
  • suited to the machinery used in the employer’s operations, accreditation or certification granted by ski tuning manufacturer(s).
  • a ‘statement of assessment’ from a competent workplace assessor or human resource manager stating that the overseas worker has the necessary training and/or work experience for this occupation. 
  • a minimum of two seasons’ worth of experience in the field.

A snow groomer must have the following features: 

  • a minimum of two seasons’ worth of experience in the field 
  • qualifications or work experience that may be quickly judged as being appropriate for employment in the occupation for which they were hired.

One of the following qualifications is required of a lift operator: 

  • proper accreditation or certification granted by the manufacturer(s) of the machinery used in the employer’s operations 
  • a ‘statement of assessment’ from a competent workplace assessor or human resource manager stating that the overseas worker has the necessary training and/or work experience for this job.
  • a minimum of two ski seasons of experience in the field
SALARY If an overseas worker is a ski or snowboard teacher and meets one of the following criteria:

 

  • is on a part-time basis employed

 

  • has worked fewer than full-time hours during a given week

 

The business must pay the overseas worker the higher of the hourly market compensation rate or the TSMIT (Temporary Skilled Migration Income Threshold) Hourly Rate..

For the avoidance of doubt, any additional overseas workers covered by a snow sport labour agreement must be hired full-time and paid a base rate of pay that is equivalent to or more than the TSMIT.

 

All foreign workers must be paid at least every two weeks.

For overseas workers, the terms and circumstances of employment must be no less favorable than those granted to an Australian worker performing the same responsibilities at the same place. If an Australian employee is performing the same job, you must include proof of salary and guaranteed overtime arrangements with your request.

Payments deducted from an overseas worker’s paycheck can only be made with the overseas worker’s written permission.

 

Employers must show that any deductions are in accordance with the Fair Work Act 2009 and/or local labor agreements.

HOW DO I REQUEST A LABOR AGREEMENT IN THE SNOW SPORTS INDUSTRY?

Once you’ve concluded that you meet the standards and conducted stakeholder consultation, you can request a snow sport industry labor agreement. For more information, see Requesting a Labor Agreement.

This page contains information on seeking a minister of religion labor agreement. It should be read in conjunction with the information guideInformation about requesting a labor agreement.

The only option for abroad skilled professionals to work as ministers of religion is through a minister of religion labour agreement.

The minister of religion labor agreement permits religious organizations in Australia to support the temporary and permanent immigration of abroad skilled employees. The agreement’s terms and conditions have already been defined and are non-negotiable.

 

KEY SETTINGS

VISA SUBCLASS Temporary Work (Skilled) visa (subclass 457)Employer Nomination Scheme visa (subclass 186), either where an overseas worker has held a subclass 457 visa as a primary visa holder, for a minimum period of two years, or through the subclass 186 Agreement stream.

The religious organization’s business case will be used to make the ultimate conclusion on which visa path is best.

RELIGIOUS ORGANISATIONS Regulation 1.03 of the Migration Regulations of 1994 defines: 

  1. The actions reflect the fact that it is a body set up to promote a religious object. 
  2. the members’ ideas and activities, which comprise a religion because of those members: 
  • believing in the existence of a supernatural being, thing, or principle
  • embracing the canons of action that give effect to such belief while remaining within the bounds of the law
  1. Section 50-50 of the Income Tax Assessment Act of 1997 must be met.

 

  1. Section 50-1 of that Act requires that their income be tax-free.

Religious organisations must provide with their request a detailed organisational structure.

ENGLISH LANGUAGE There is an exception to the English language proficiency requirement. Overseas skilled workers must have at least one of the following levels of English language proficiency: 

  • demonstrate a minimum 5.0 average test score in the International English Language Testing System (IELTS) or an equivalent approved test
  • hold a valid passport from one of the following countries:
    • Canada
    • New Zealand
    • The Republic of Ireland
    • The United Kingdom
    • The United States of America
  • having completed at least five years of full-time study in an English-taught secondary or higher education institution.

Where the visa holder will be directly serving the needs of an ethnic group and their interaction with the wider Australian society will be limited – for example, if they are working in a cloistered or monastic environment – a further concession to English language proficiency requirements may be considered. .

OCCUPATION Only the occupation of minister of religion (Skill level 1 – ANZSCO 272211) can be nominated by religious bodies. The nominee must hold a position of leadership within the organization. If an Australian employer proposes more than one foreign candidate, we will evaluate the size of the organization and its worker composition.

Religious organizations must include the following supporting information with their request:

  • title of position within their faith tradition
  • duty statement for the position
  • a copy of an employment contract.
SKILLS, QUALIFICATIONS AND EXPERIENCE Ministers of religion must hold the following qualifications:

 

  • as a minister of religion, been ‘ordained’ or ‘professed to a religious life’ (or equivalent accrediting process within the faith tradition), and

 

  • minimal qualifications comparable to a bachelor’s degree under the Australian Qualification Framework (AQF), or
  • completed at least five years of systematic training or teaching in a relevant field .This criteria is not met by experience. 
  • Religious organizations must disclose facts about the ordination process, training framework, and basic qualifications for the job of minister of religion in response to their requests.
AGE For a category 186 visa, candidates must be under 60 years old at the time of application. Further concessions may be considered if the faith tradition does not have a tradition of retiring and where the religious organization continues to meet the requirements of elderly religious personnel without recourse to the aged pension.

No age requirements apply when applying for a subclass 457 visa only.

SALARY Overseas ministers of religion shall have employment terms and circumstances that are no less favorable than those offered to an Australian minister of religion in the same role and place. For both subclasses 457 and 186, the minimum pay must be:

  • TSMIT (temporary skilled migration income threshold) — monetary and non-monetary benefits may be taken into account when calculating TSMIT.
  • Where the wider religious organization for the occupation requires a vow of poverty, the sponsor certifies that overseas workers will be provided with equivalent terms and conditions to Australians in the same occupation in the sponsoring organization, and will cover all living expenses, including board and lodging, health, education, welfare, and any other costs incurred by the minister of religion.

Religious organizations must show proof of remuneration paid to, or that would be paid to, an Australian in the same position and location..

OTHER At the time of the request, employers are asked to identify nominees. Employers will not be compelled to do the following:

 

  • When requesting a labor agreement, consult with stakeholders.

 

  • demonstrate that you’ve met your training benchmark criteria and obligations

 

  • show proof of domestic recruitment attempts

 

HOW DO I REQUEST A LABOUR AGREEMENT FROM THE MINISTER OF RELIGION?

Once you’ve concluded that you meet the standards, you can request a minister of religion labor agreement — for more information, see Requesting a Labor Agreement.

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