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Labour Agreements

1. About this Program
2. How this Program Works
3. Eligibility
4. Obligations
5. Applying for this Program

How this Program Works

This program needs:

• an employer who wishes to employ overseas workers under a Labour Agreement
• the Australian Government, represented by both:
  • the Department of Immigration and Citizenship (DIAC)
  • the Department of Education, Employment and Workplace Relations (DEEWR)
• Any other parties (which may include State or Territory governments, other commonwealth agencies or industry bodies)
• employees.

The process for accessing a Labour Agreement is summarised below.

Who	Responsibility
Employer	request to access a Labour Agreement negotiate and sign the Labour Agreement nominate the positions that need to be filled See: Employer Nominates a Position recruit overseas skilled workers to fill the positions provide information to the Australian Government as part of the monitoring activities of the Labour Agreement. Note: Employers may be able to nominate applicants on the Skill Matching Database under a Labour Agreement. See: Skill Matching Database
Australian Government (represented by DEEWR and DIAC)	consider requests to access a Labour Agreement ensure all relevant stakeholders are included in negotiations and, where possible, are signatories to any agreements negotiate and sign the Labour Agreement in accordance with all parties conduct monitoring and evaluate reporting activities to ensure that the requirements of the Labour Agreement are being met.
Employee	accept the offer of employment from the nominating employer apply for a visa meet any conditions on their visa (once approved).

When is a Labour Agreement appropriate?

A Labour Agreement is most suitable for organisations where:

• their industry has fluctuating demand for goods or services
• employers are acting collectively or as part of an industry association
• the implementation of government policy or programs requires the recruitment of overseas skilled workers
• they have demonstrated commitment to employment and training of Australians
• evidence of a direct employer-employee relationship is available
• evidence of ability to meet salary and training requirements is available
• evidence of a need to fill skilled occupations with skilled employees.

Requests to access a Labour Agreement

Requests to access a Labour Agreement may be provided by:

• an Australian business
• a group of employers acting collectively or as part of an industry association
  or
• an Australian Government agency.

The Australian Government

The agencies acting on behalf of the Australian Government for negotiating Labour Agreements are:

• the Department of Immigration and Citizenship (DIAC). The department processes nominations and visa applications under the agreement.
• the Department of Education, Employment and Workplace Relations (DEEWR). DEEWR are responsible for matters relating to employment, training and industrial relations.
• Any other agencies acting on behalf of the Australian Government specified within the agreement.

Employees

An employee is a foreign national who:

• meets the age, skill and language requirements
  and
• has an employer who has accessed a Labour Agreement and willing to nominate them for this visa.

Validity Periods

Application	Validity
Agreement	between 2 and 3 years (determined during negotiation)
Temporary visa	nomination is 12 months a temporary visa is valid for stay in Australia and travel for between 3 months and 4 years.
Permanent visa	allows employee and any dependents granted the visa permanent residence in Australia.

Other visa options

Employers should consider other visas if they want to recruit overseas workers on a temporary or permanent basis.
See: Skilled Workers Visa Options

Renewing a temporary visa

If an employee currently holds a temporary visa which was granted under a Labour Agreement and a renewal is required, an existing Labour Agreement must be in place. A new nomination and visa application will also be required.
See: How to Apply

Definitions

The following terms are used for this program.
See: Definitions

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