An Alternative Pathway

When sponsorship of an overseas employee is not suitable through TSS Standard Business Sponsorship, ENS or other visa subclasses because it cannot meet one (or a number) of temporary or permanent visa criteria… why not consider a ‘Labour Agreement’ as a potential alternative pathway?

Negotiated with the Department of Home Affairs, it is possible for Australian employers to obtain the entry of a specified number of workers from overseas via the TSS subclass 482 and/or the ENS 186 visa programs through a Labour Agreement, some of which may contain certain employer or employee concessions.

Made under the Migration Act, a Labour Agreement is a legally binding contract between a commercial business or religious organisation and the Commonwealth; represented by the Minister of Immigration and the Minister of Employment.

Consequently (unless exceptions apply), the Commonwealth must be fully satisfied that arrangements entered into are based on a genuine demonstrable need to employ skilled overseas workers where Australian workers are unable to be sourced through local advertising recruitment attempts.

To meet the program’s intention, the Labour Agreement stream is intended to supplement an Australian domestic workforce, not to replace or reduce opportunities for Australian workers are expected to be employed, trained and upskilled in the first instance, and then through the Labour Agreement.

Labour Agreement requests may involve complex negotiations and generally take some time to finalise due to the assessment of often large amounts of information and the consideration by the Minister of requested variations to the standard subclass 482 or subclass 186 visa streams.