The New Aged Care Industry Labour Agreement
In a significant step towards addressing the evolving needs of Australia's aging population, the Australian government announced the introduction of the new Aged Care Industry Labour Agreement. This agreement opens up new avenues for aged care providers to tap into a global pool of skilled care workers and address their workforce shortages otherwise not available through the standard visa programs. This streamlined process allows employers to bring in overseas talent to fill crucial roles in the aged care sector for specific occupations, where suitably qualified Australians are not readily available. Aged care providers are able to recruit foreign workers for a period of up to 4 years through the Temporary Skill Shortage (subclass 482) (TSS) visa or permanently through the Employer Nomination Scheme (subclass 186) (ENS) visa.
The agreement paves the way for Aged Care employers to sponsor overseas workers in key direct care occupations, including:
Key Benefits and Requirements
The New Aged Care Industry Labour Agreement introduces several concessions to standard skilled visa requirements:
No requirement for post qualification work experience
English language concessions for workers with relevant community language skills
TSMIT doesn’t apply, but rather an annual salary of at least $51,222 AUD or the Australian Market Salary Rate, where it is higher.
Exemption from Labour Market Testing requirements
a two-year pathway to permanent residence (PR) or direct access to PR
streamlined visa nomination and priority processing for visa applications
Key visa application requirements include:
Possess a relevant AQF Certificate III or an equivalent or higher qualification. Alternatively, you may substitute the formal qualification with 12 months of applicable work experience or its part-time equivalence.
Where applicable, obtain a favorable skills assessment from either the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association if your qualifications were obtained overseas. This also applies if you opt for work experience in lieu of formal qualifications.
Demonstrate English language proficiency at a minimum of IELTS 5.0 or its equivalent in another acceptable test. Workers with specific community language skills, employed by culturally and linguistically diverse aged care providers, should meet a minimum of IELTS 4.5 or its equivalent. For the Employer Nomination Scheme (subclass 186) visa, a proficiency level of IELTS 5.5 or its equivalent is required.
If sponsored under the Subclass 186, you will need to have a minimum of two years of relevant work experience in Australia in a direct care occupation.
A copy of the template Labour Agreement setting out the concessions is here.
Navigating the Aged Care Industry Labour Agreement: What You Need to Know
The key to unlocking the benefits of the Aged Care Industry Labour Agreement lies in establishing a Memorandum of Understanding (MoU) with the relevant industry union(s).
How to Apply for the Aged Care Industry Labour Agreement
Step 1: Entering into an MoU with the relevant industry unions
Aged care providers keen on accessing this agreement will need to first initiate the process by entering into an MoU with the relevant industry unions. Unions include:
Step 2: Submit the Labour agreement
Once the MoU is established, a labour agreement request can be submitted to the Department of Home Affairs through their registered immi account.
Visa Applications Under the Aged Care Industry Labour Agreement
Overseas workers can be nominated for either the Subclass 482 (Temporary Skills Shortage) visa or the Subclass 186 (Employer Nomination Scheme) visa depending on the terms of the MoU.
One Planet Migration Law has provided expert assistance to a variety of businesses in successfully securing labor agreements, including industry specific, company specific, and under the Global Talent Employer Sponsored (GTES) program. Our specialisation lies in facilitating sponsors to engage foreign workers across sectors like agriculture, technology and infrastructure, aged care, and healthcare. If your talent needs extend beyond the conventional visa programs, don't hesitate to get in touch with our experienced team.
Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalized advice from legal professionals. Given the dynamic nature of migration regulations and the impact of evolving case law on legal interpretation, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Labour Agreements effectively and to achieve the most favorable outcomes for your immigration journey.
