Standard 457 applications involve the sponsoring employer
nominating an occupation contained on a list known as the Consolidated Skills Occupation
List (CSOL).
It sometimes occurs that a sponsor wishes to nominate an
occupation which is not listed on the CSOL, in which case the standard 457
programme is not appropriate.
In situations such as this, the business may wish to give
consideration to applying for 457 visas under what is known as a Labour
Agreement. These agreements can be utilised in respect of skilled and semi
skilled positions if it can be shown that there is a clear lack of available
employees in the local labour market. For example, many abattoirs bring meat
workers into Australia under Labour Agreements as there is a big shortage of
people with the necessary skills to properly bone and slice meat.
The starting point in applying for approval of a Labour
Agreement is to be able to demonstrate that there is a skills shortage in the
relevant industry. It is also necessary to show what efforts have been taken to
obtain suitably qualified persons and what training programs the employer has
in place should such persons be found. It is also often necessary to enlist the
support of peak body groups or unions where appropriate.
In the past there has been some reluctance on the part of
employers to seek to enter into Labour Agreements – probably largely due to the
perception that negotiating with a government department is a difficult thing
to do. While there may be some truth in that, the department does make it clear
that it is open to consider applications, and usually a well-documented case
can be finalised within 80 days and even sooner, if urgent.
Nevett Ford lawyers has experience with preparation of
labour agreements and would be happy to assist employers who may wish to
investigate this option.
