Overview
The Subclass 482 Labour Agreement Stream allows approved Australian employers to sponsor suitably qualified overseas workers where genuine labour shortages exist and Australian workers are not readily available.
For construction industry employers, a Labour Agreement can provide access to skilled overseas workers in occupations that may not be available under standard sponsorship programs or where concessions are required to meet industry needs.
Labour Agreements are negotiated directly with the Department of Home Affairs and can provide flexibility regarding occupations, skills, English language requirements and pathways to permanent residence.
Who Can Apply?
Construction businesses may be eligible where they can demonstrate:
- Genuine labour shortages;
- Ongoing recruitment difficulties;
- Financial capacity to employ overseas workers;
- Compliance with Australian workplace laws; and
- A genuine need for overseas labour.
Examples include:
- Construction companies;
- Civil contractors;
- Concrete and precast businesses;
- Formwork contractors;
- Infrastructure companies;
- Building contractors;
- Engineering and construction firms; and
- Property development groups.
Common Construction Occupations
Depending on the Labour Agreement and business requirements, occupations may include:
- Construction Project Manager;
- Construction Supervisor;
- Civil Engineering Technician;
- Survey Technician;
- Carpenter;
- Joiner;
- Bricklayer;
- Wall and Floor Tiler;
- Painter;
- Plasterer;
- Concreter;
- Steel Fixer;
- Welder;
- Metal Fabricator;
- Plant Operator;
- Crane Operator;
- Diesel Mechanic; and
- Other specialised construction occupations.
The availability of occupations depends on the terms of the Labour Agreement negotiated with the Department.
Employer Requirements
The employer must generally demonstrate:
1. Genuine Labour Shortage
Evidence may include:
- Recruitment advertisements;
- SEEK advertising campaigns;
- Recruitment agency reports;
- Workforce shortage data;
- Evidence of unsuccessful recruitment efforts; and
- Business growth projections.
2. Financial Capacity
Evidence may include:
- Financial statements;
- Tax returns;
- BAS statements;
- Payroll records;
- Organisational charts; and
- Existing contracts and project pipeline information.
3. Workplace Compliance
The business must demonstrate compliance with:
- Fair Work legislation;
- Superannuation obligations;
- Taxation obligations;
- Workplace Health and Safety requirements; and
- Migration sponsorship obligations.
Requirements for Sponsored Workers
Applicants will generally need to demonstrate:
1. Qualifications
Relevant qualifications for the nominated occupation.
2. Work Experience
Generally at least one year of relevant full-time employment experience, although Labour Agreement requirements may vary.
3. English Language Ability
Applicants must satisfy the English requirements specified under the Labour Agreement.
4. Health and Character Requirements
Applicants and accompanying family members must satisfy health and character requirements.
Benefits of the Labour Agreement Stream
The Labour Agreement Stream may provide:
- Access to a larger pool of overseas workers;
- Industry-specific concessions;
- Long-term workforce planning;
- Improved staff retention;
- Reduced recruitment difficulties; and
- Pathways to permanent residence.
Family Members
Sponsored workers may include eligible family members in their visa application, including:
- Spouse or de facto partner; and
- Dependent children.
Family members generally receive work and study rights in Australia.
Pathway to Permanent Residence
Many Labour Agreements provide a pathway to permanent residence through the Subclass 186 Employer Nomination Scheme Labour Agreement Stream.
Eligibility requirements vary depending on the Labour Agreement and occupation.
Permanent residence pathways may include concessions regarding:
- Age;
- English language requirements;
- Skills assessments; and
- Work experience requirements.
Typical Labour Agreement Process
- Stage 1 – Labour Agreement Application: The employer negotiates and obtains approval of a Labour Agreement with the Department of Home Affairs.
- Stage 2 – Nomination Application: The employer nominates the overseas worker under the approved Labour Agreement.
- Stage 3 – Visa Application: The visa applicant lodges a Subclass 482 Labour Agreement Stream visa application.
- Stage 4 – Visa Grant: Upon approval, the applicant and eligible family members may travel to and work in Australia.
How We Can Assist
Rostron Carlyle Lawyers can assist with:
- Labour Agreement negotiations;
- Workforce planning;
- Sponsorship strategy;
- Nomination applications;
- Subclass 482 visa applications;
- Permanent residence pathways; and
- Ongoing sponsorship compliance advice.
Contact:
John Siong
Special Counsel
Tel: +61 7 3009 8412
Mobile: +61 (0)40166898
Email: j.siong@rclaw.com.au
Important Disclaimer: This information sheet is intended as general information only and does not constitute legal advice. Eligibility requirements vary depending on the employer, occupation and individual circumstances.
