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Steps and Procedure for On Hire Labour Agreement

What is the Labour Agreement?

A labour agreement is a skilled visa that can be temporary as well as permanent. An employer through visa programs can sponsor IT. A labour agreement is done usually when an employer wants to fill a position, which requires a special set of skills that he is unable to source from the existing Australian Markets. With the help of On hire labour agreement, an employer can sponsor or nominate the desired employee from overseas. It helps them to fetch the required talent and fill their position. However, the terms and conditions of an on-hire labour agreement can vary depending upon the size of the organization, position, industry, the duration of the agreement, expertise and much more.  The immigration Labour agreement contains all the information about the nature of work, type of visa i.e, Temporary Skill Shortage (TSS) or Employer Nomination Scheme Visa.

Temporary Skill Shortage Visa allows an employee to work and reside in Australia temporarily for up to 4 years. Whereas Employer Nation Scheme visa enables the visa holder to permanently, work and settle in Australia. The number of family members that can accompany the visa holder depends upon the type of visa a person holds. 

How do labour companies work?

The labour companies act as a bridge between the employers and labours. They help the organization to find the right candidate for their position and interact as well as communicate on their behalf. Some labour companies not only find the workers but also interview them and then send the shortlisted ones to the employer. In exchange, the host employer needs to pay a fixed amount of fee and some statutory charges. The labour companies take care of everything right from the background check of the candidates to their paperwork. They scrutinize the applications of candidates; their goal is to help employers get the desired skilled workers.  

Hiring labour companies is beneficial for an employer as well as a candidate as they help you to find the vacancies in the Australian market as per your skills. They also guide you throughout the process right from the rules, regulations, requisites etc. A professional Labour company takes care of the visa procedure is smooth and makes sure you get the desired work visa without much hassle. 

What are all the requisites for Labour Agreement?

A labour agreement is bespoke and is tailor-made as per the requirements of an employer.

The types of labour agreement include:

1) Company-specific labour agreements

This type of agreement is between the department and the employer. It contains information about the labour shortage or genuine skills that are required for the position. The candidate must meet the criteria and specific skill set for the Company specific labour agreement. 

2) Designated area migration agreements

This type of labour agreement covers the specific regions of Australia. If the employer belongs to the regions under DAMA (Designated Area Migration Agreement) then they can apply for the labour agreement. 

3) Project agreements

This is a project-based on hire Labour Agreement.  The company hires an employee only to meet the immediate skill shortage and for a specific project only. The agreement can be extended based on the performance of the employee and the requirement of the company.

4) Global Talent Scheme (GTS) agreements

These kinds of immigration labour agreement are signed only for the niche roles and top management designations. These labour agreements apply to start-up business as well as an established business.

5) Industry labour agreements

These on hire labour agreements are applicable for the following industry: Diary, Fishing, Restaurant, advertising etc. However, the terms and conditions of this on hire labour agreement can be the same as the larger industry sectors. 

How does labour-hire be different from Casual Employment?

The Labour hire workers are generally employed through a legal labour agency and thus the credibility of these employees is more. The labour companies and immigration agents' take care of everything right from legal documents to visa applications. Whereas Casual employment has a high risk as the background of the candidate is unknown. The employees hired under casual employment are not abided by a labour agreement.

What are the Steps and Procedure for On Hire Labour Agreement?

Temporary Skill Shortage (TSS) 

Following are the requirements for On hire Labour Agreement Visa:

  • The occupation must be mentioned on the labour agreement
  • The candidate can be nominated for the occupation for a minimum of two years only.
  • The candidate must possess the required skills and must meet the eligibility criteria including English level skills.
  • Documents such as past work experience, certificates, passport, references, verification documents.
  • One should submit all the required documents online in the concerned immigration department along with immigration labour agreement. An online application fee should also be paid at the time of application.

Employer Nomination Scheme Visa.

Following are the requirements for On hire Labour Agreement Visa:

  • The nominee must be not more than years of age to apply for this Visa.
  • The occupation must be mentioned on the labour agreement
  • The terms and conditions of employment must meet all the Australian Standards.
  • The nominee must possess all the necessary experience, qualifications, skills and attributes for the designation.
  • Documents such as past work experience, certificates, passport, references, verification documents.
  • One should submit all the required documents online in the concerned immigration department along with immigration labour agreement. An online application fee should also be paid at the time of application.

The immigration laws of Australia are complex. It requires a detailed study of these laws and a clear understanding of the on-hire labour agreement before commencing the procedure. The labour agreements are strictly regulated and scrutinized. They are different for each case and industry-specific. Hiring a professional having a thorough knowledge of the immigration laws and expertise can help you with the on hire agreement and increase the chances of your application being approved. On hire, labour agreement can help you give the desired direction to your career optimally.


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