Labour Agreements: Workforce Options for Australian Employers
by Joanna Hill : November 9th, 2023Labour Agreements are a pivotal tool for Australian business to leverage in recruiting and retaining employees in hard to staff industries and locations. Addressing workforce shortages is crucial for Australian employers. Labour Agreements enable approved business sponsors to employ skilled international workers in situations which fall outside the standard temporary or permanent visa programs.
Approved Standard Business Sponsors can effectively utilise Labour Agreements to sponsor workers for the following visas:
- Temporary Skill Shortage (TSS) visa (subclass 482)
- Employer Nomination Scheme visa (subclass 186)
- Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Labour Agreements are negotiated with the Department of Home Affairs and are typically in place for 5 years.
There are five types of Labour Agreements:
- Company Specific labour agreements
- Designated Area Migration Agreements (DAMA)
- Global Talent Employer Sponsored (GTES) agreements
- Industry labour agreements
- Project agreements
Company Specific Labour Agreements
Company Specific Labour Agreements can be negotiated by companies who have a demonstrated workforce need to sponsor workers with terms which are not covered under any other sponsorship option currently available.
If standard sponsorship requirements and previously negotiate DAMA and Industry Labour Agreement options do not cover the workforce requirements, industry or location of a company operating in Australia, then the opportunity to negotiate a Company Specific Labour Agreement can be utilised.
This Labour Agreement negotiation can seek concessions to standard sponsorship requirements, including concessions for:
- Occupation (for occupations not covered by occupation lists)
- Salary (if salary falls below the TSMIT)
- Work Experience
- Age (for permanent sponsorship pathways where employee age falls outside age requirements)
Designated Area Migration Agreements (DAMA)
Designated Area Migration Agreements (DAMA) have been previously negotiated between Home Affairs and specific states, regions or territory authorities. DAMA subsequently enable employers operating within these designated areas to sponsor workers using the fixed terms which have been negotiated.
Companies seeking to sponsor workers utilising a DAMA are required to seek approval from the authority responsible for negotiating the DAMA in the area where they operate.
Currently there are 12 DAMAS operating within the following areas:
- Adelaide City Technology and Innovation Advancement, SA: Skilled & Business Migration
- East Kimberley, WA: East Kimberley Chamber of Commerce and Industry
- Far North Queensland, QLD: Cairns Chamber of Commerce,
- Goulburn Valley, VIC: Goulburn Valley
- Great South Coast, VIC: Warrnambool City Council
- Northern Territory, NT: Northern Territory Designated Area Migration Agreement
- Orana, NSW: Regional Development Australia – Orana, NSW
- Pilbara, WA: RDA Pilbara
- South Australia Regional, SA: Skilled & Business Migration
- South West, WA: Shire of Dardanup
- The Goldfields, WA: City of Kalgoorlie Boulder
- Townsville, QLD: Townsville Enterprise Limited
Industry Labour Agreements
Industry Labour Agreements contain fixed terms which have been negotiated with Home Affairs on behalf of employers in specific industries.
Employers who operate within these industries can subsequently sponsor workers using the terms that have been negotiated for their industry.
Industry Labour Agreements have been previously negotiated with Home Affairs within the following industries:
- Advertising
- Aged care
- Dairy
- Fishing
- Horticulture
- Meat
- Minister of Religion
- On-hire
- Pork
- Restaurant (premium dining)
Project Agreements
Companies engaged in the construction phase of resource or infrastructure projects who are experiencing workforce shortages are able to negotiate Labour Agreements to meet workforce needs.
How to get started
If you are an Australian business in a situation where standard employer sponsorship options have not enabled you to sponsor workers to meet workforce demands, Labour Agreements could offer a solution.
Where standard sponsorship pathways don’t meet the need of your business, looking at the DAMA and Industry Labour Agreement requirements is the next step.
If your needs fall outside these pre-negotiated agreements, a Company Specific or Project Agreement may offer a solution.
At MyAusPath we assist business through all stages of this process, including assessing eligibility, Labour Agreement Negotiation and the subsequent applications for sponsoring workers.
Why choose MyAusPath Migration Agents?
- Expertise: At MyAusPath we are Registered Migration Agents (MARN 1575613) with in depth knowledge of immigration policy and regulations.
- Streamlined Process: We understand the intricacies of the application process. We will help you gather the necessary documents, fill out forms accurately, submit your application promptly and negotiate with Home Affairs on your behalf.
- Friendly Service: We are Australian Migration Agents offering friendly service with a smile.
- Support: From answering your questions to addressing concerns, we provide comprehensive support, making the entire process more manageable and less stressful.
About MyAusPath
MyAusPath is a full service Australian Migration Agency based in Port Melbourne, Victoria, Australia. We help individuals, business owners and HR managers to consistently achieve successful visa outcomes. We are registered with MARA so you know you can rely on our advice (MARN 1575613).
At MyAusPath we are here to give you friendly, efficient service. We make the complex and constantly changing Australian visa application requirements simple and stress free for clients.
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We really appreciate all of your hard work!“
— Employer, Australia
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