Use of Labour Agreements – 457 Visas

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.

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Corporate Immigration Services

Nevett Ford Corporate Immigration provides a range of services designed to support business users of the 457 Visa Programme and other temporary and permanent employer sponsored visas. These services include applying for Business Sponsorship, establishing systems and processes to meet the Sponsorship Obligations, audit, compliance, risk management, training and advisory services and assistance negotiation and preparing on-hire labour agreement submissions.

We can also liaise with the Department of Immigration on behalf of businesses in relation to requests for information, monitoring activities, ‘Notices of Intention to Take Action’ or other requests.

Business Sponsorships

Nevett Ford can assist your business to apply for Business Sponsorship approval with the Department of Immigration

Becoming a sponsor is the first step to engaging overseas staff to work in Australia. In order to become registered as a sponsor, businesses must meet a number of criteria and agree to meet certain obligations for the duration of their sponsorship and beyond.

Our experienced team can advise on the Sponsorship Obligations your business must meet as a sponsor and provide expert assistance in establishing the necessary systems to manage the process.

Employer Sponsored Visas

Nevett Ford specialises in the delivery of all aspects of Employer Sponsored migration including Temporary Work (Skilled) Subclass 457 visas, Employer Nomination Scheme 186 Permanent Residency, and Regional Skilled Migration Scheme 187 Permanent Residency visas.

Compliance

We can provide guidance on how to ensure your business is complying with the on-going Sponsor Obligations which are imposed on all 457 Business Sponsors. Our experienced immigration lawyers who are all registered migration agents have conducted audits and reviews for numerous national and international businesses to ensure full compliance with immigration laws and regulations.

Training

We can provide tailored training on all aspects of Australian Immigration to meet your business needs. We can deliver training programs for Human Resource staff, line managers and visa holders. Nevett Ford Immigration is able to deliver face-to-face and online training programs to meet your business’s needs.

Risk Management

Our immigration lawyers can provide industry best-practice guidance on how to manage risk in the use of all Employer Sponsored visa programs. Our legal expertise and experience means that we have the knowledge to help your business identify and effectively manage all aspects of risk associated with use of the 457 visa program and other visa matters.

Audit

We provide Audit services for employers to ensure that all aspects of the ‘Business Sponsorship Obligations’ are being met, identify and advise on potential breaches and liaise with the Department of Immigration on behalf of the business where necessary.

Nevett Ford Immigration can complete one-off or regular audits of the visa holder population to minimise risk and eliminate potential issues.

Advisory services including Immigration Program Process Design & Improvement

Our extensive experience with a wide range of employers means that we can review your business’s Immigration policies and systems and ensure you comply with industry best practice. We can also provide employment law advice. Alternatively, for businesses accessing the immigration program for the first time we can prepare policies and systems to manage risk and meet the relevant obligations.

On-hire Labour Agreements

An on-hire labour agreement (OHLA) is a formal arrangement negotiated between an on-hire business (sometimes known as a labour hire business) and the Australian Government. It allows the business to

recruit skilled overseas workers on a temporary basis on Subclass 457 visas for occupations approved

under the agreement and then on-hire them to an end-user employer. Nevett Ford has extensive experience in this specialised area.

Employers requesting an OHLA are required to provide a comprehensive submission to the Australian Government, represented by the Department of Immigration. Nevett Ford can assist your business in preparing suitable submissions as well as advise you on the extensive supporting documentation that must be provided.

Businesses seeking access to an OHLA must only nominate occupations that are currently listed on the Consolidated Sponsored Occupations List (CSOL). They will also need to provide compelling and concrete evidence that there is genuine and significant demand for the nominated occupations and that this demand cannot be met from within the Australian labour market. The number of skilled overseas workers requested under the OHLA should represent a minor proportion of the business’ workforce.  The input of stakeholders in your industry is of key importance. Stakeholder consultation is a mandatory part of the labour agreement negotiation process and the Department of Immigration recommends that this is initiated as early as possible in the process of seeking access to overseas skilled workers.

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