A company-specific labour agreement is tailored for employers who have a genuine need for skills that aren’t covered by existing industry labour agreements, where no Designated Area Migration Agreement or project agreement applies, and when the roles in shortage are not available through standard skilled visa programs.
You must demonstrate that you have an exceptional need that cannot be met by Australian workers. Provide evidence of;
- The niche skills you seek from overseas.
- Your many and diverse recruitment efforts.
- Showing a detailed job description including tasks.
Skilled overseas workers generally must:
- Meet the ANZSCO skill requirements for that occupation.
- Meet any industry registration or licensing requirements.
- Must meet English language requirements.
The company specific labour agreement is a temporary solution only. You must show that:
- The workers from overseas will not be more than one-third of your total workforce.
- You have a plan in place to train and employ Australians so you do not need a future Labour Agreement.
You must also be an Australian business with good standing. You must;
- Be an Australian registered business with good standing.
- Show that your business has been lawfully and actively operating in Australia for at least 12 months.
- Show evidence of financial viability provided by a chartered or certified practicing accountant. You must show that you can support the proposed number of workers from overseas you seek.
- Show that there is no adverse information about your business. You must not have broken a law in any jurisdiction of Australia, nor be under investigation for breaking the law by any appropriate authority.
- Not have provided false or misleading information in any form to any appropriate authority at any time.
You must also consult with relevant stakeholders, including:
- An industry body.
- A relevant union.
- Any community group the agreement impacts, such as schools or health services.
Provide the following information to stakeholders:
- Number of workers from overseas in each year of the agreement, and their occupations.
- Location of their workplace.
- The proposed salary, relevant awards and how you came to this amount.
- Any concessions you seek to the Temporary Skill Shortage program.
- Details of training for your Australian workforce to reduce your reliance on workers from overseas.
Regional Migration Australia can prepare your business case and attend to stakeholder engagement requirements. For more information book a consultation with one of our expert agents.
