Employer Eligibility
Employer requirements
To be considered for a Labour Agreement, organisations need:
- an ongoing requirement to recruit overseas skilled workers for a number of years
- evidence of the efforts made to recruit from the local labour market
- a willingness to work with the government to improve the training and recruitment prospects of Australian workers
- a record of commitment to training Australian workers
- evidence that they are a lawfully operating business
- a good business record showing compliance with relevant laws and regulations
- evidence of previous compliance with immigration laws (if applicable)
- to be the direct employer of the recruited employee.
Position requirements
The following requirements must be met for a position to be accepted under a Labour Agreement:
- the position was specified in the Labour Agreement
- the agreed number of positions included in the Labour Agreement have not already been filled
- the terms and conditions of employment offered are in accordance with the Labour Agreement
- the nominated employee is under 45 years of age (unless exceptional circumstances apply). Note: This applies to permanent Labour Agreement visas (Subclass 120 and 855) only
- the position nominated requires the qualifications and skills (including English language skills) specified in the Labour Agreement.
Exemption from eligibility requirements
Nominated employees are expected to be under 45 years at the time of visa application. Where the nominated employee is 45 years or older, the employer must provide a submission to the department outlinging why exceptional circumstances exist for the age requirement to be waived. Note: This applies to permanent Labour Agreement visas (Subclass 120 and 855) only.