Australian Immigration Daily News

We’ve all read and thought (fleetingly) about them, but few of us have actually assisted with one; Labour Agreements. 

What are these things anyway? 

Put simply, Labour Agreements allow concessions to normal requirements for business sponsors, most commonly for off-list (or non-existent in ANZSCO) occupations, but sometimes for English, skills, salary, and potentially other requirements. 

What if I was to tell you they are the new norm, their use will only increase, and most importantly in our current environment they are often the only possible tool for so many difficult scenarios? 

I know, I know, it sounds like a fantasy, but it is the truth… 

Did you know that while the abolition of the 457 programme and introduction of the TSS/482 visa reduced the list of potential employer sponsored occupations by about one third, whilst also reducing the ability for many people to gain a pathway through to permanent residence, over this same period the number of Labour Agreements types has increased (e.g. the introduction of the Advertising and Horticulture industry templates, allowances for multicultural Aged Care providers under the Company Specific Labour Agreement etc.), and the introduction of DAMAs has also significantly rearranged the migration deck chairs to bring focus on to Labour Agreements (all DAMAs include a Labour Agreement submission as a crucial part of the process)? 

I think this should clearly inform you that the government is happy to “negotiate” (I use that term generously as we all know our power in these negotiations is tenuous at best!) outside the normal TSS/482/494 channels, and although the government can’t be seen to be approving random requests for any scenario, there are many situations where employers have a real need for a skilled employee, and they have pursued every avenue in order to find a local with no success; if the right evidence based argument can be put forward in these cases the government realises that employers should be able to sponsor a foreign worker, and they may approve a Labour Agreement for this purpose. 

Let’s just step back and think about what is possible in this space:

Have a person with an out there occupation not on any list with an employer who has tried for months/years to find a suitable person and desperately needs them (and can prove it)? Consider a Company Specific Labour Agreement...

Have a religious worker who is coming to the end of their second 408, but who has forged strong relationships in their community and needs to stay long term? Consider a Minister of Religion Labour Agreement…

Found the most experienced, qualified waiter in your high end restaurant and want to keep them working in what is a high staff turnover industry? Consider a Restaurant (Fine Dining) Labour Agreement…

Run a Recruitment Company and need to on-hire some employees to your client, as they don’t want to sponsor someone directly? Consider an On-Hire Labour Agreement...

Have a toilet cleaner who speaks no English, is 70 years old, has no skills or experience, is only paid minimum wage, and would like to get them PR? Consider (strongly) sending them home….
I have no doubt that this is the new age and the new way for clients to get what they ultimately need in many different industries; through a holistic, comprehensive, persuasive, direct and evidence based argument about their particular situation, detailing the strong business case as to why they need their highly skilled worker, outside of any legal framework or policy directives. 

Obviously, there is the flip side to this…whilst providing a “last chance saloon” for many clients, Labour Agreements are in my experience the most refused type of application in the migration landscape. 

As we all know, no herb will cure bureaucracy, and unfortunately Labour Agreements’ benefits are also their curse… as they are not tethered to legislation or policy they can be extremely fickle, often for reasons beyond an agent’s control. For example, there could be some industry wide issue which comes up after you have submitted your Labour Agreement request (think Banking or Aged Care Royal Commission etc.), and this can make the government/decision makers very wary, and push them towards refusal. “Just because”, as my kids say to me when I ask them why they don’t like broccoli... 

As you can see, Labour Agreements are as much bound by what is politically acceptable and expedient as they are by reasonable and well-argued business cases. 

But we can’t control these things…we can only offer to help put together a sound and persuasive business case on our clients’ behalf.

 The best simple advice I can offer when preparing Labour Agreement submissions is to: 

• Think strategically and long-term
• Include as few concessions as possible (I think George Orwell said it best: “one concession good, two concessions baaaad”)
• Oh, and of course, contact me for help if you need it. 

A large part of my Labour Agreement practice is actually made up of acting as an external consultant to agents/lawyers when they have a potential Labour Agreement client, to help guide them and their clients through this complicated and deeply involved process. 

This provides a win-win outcome; the agent/lawyer gets to learn how to put these submissions together and often keeps the “transactional” work if they are comfortable with it (i.e. preparing and lodging the TSS/482 Nomination and Visa applications under the Labour Agreement), while we get to put together another compelling business case in an industry we never even knew existed. Needless to say, I really love this type of work. 

I would just ask you to keep Labour Agreements in mind when you inevitably receive enquiries from clients who have no other options; think about what concessions they might need outside normal channels, and consider whether they have an argument which is sound enough (and they can back this up with evidence) to be convincing. If things stack up there’s no reason why they can’t apply for a Labour Agreement.

JACOB WYLLIE | DIRECTOR | WYLLIE & CO. MIGRATION SERVICES PTY LTD
Registered Migration Agent | MARN (0959622)                                                                                                                                                                        
T: +61 450 288 007 | E: This email address is being protected from spambots. You need JavaScript enabled to view it.  | W:  wylliemigration.com.au