An employment contract is an agreement between a company and the Australian government to facilitate the sponsorship of foreign workers in the absence of availability. Businesses must demonstrate satisfactorily to the Home Office that there is a labour shortage in the sector and that the company is committed overall to employing Australian workers rather than encouraging overseas labour. In some cases, if the profession is not on the list, companies may apply to the Australian government for an employment contract. Employment contracts are individually negotiated agreements between the Ministry of the Interior (DHA) and an employer. Depending on the terms of your employment contract, you can sponsor a certain number of foreign workers under the terms agreed in your employment contract. Although they are more tedious and complex than traditional corporate sponsorship agreements, employment contracts offer employers considerable benefits. B, such as access to skills that are not on the 457 visa list, reduced knowledge of English, work experience or other concessions based on a business case. Hammond Taylor can help businesses and other organisations negotiate agreements with the Home Office on access to employment contracts. This is a single company-to-Australian government agreement and is assessed on a case-by-case basis by the department`s employers, who are unable to meet the 457 new visa requirements that are considering the employment contract system. The employment contract system was introduced for the first time to allow employers to source workers outside the 457 visa program. While very few employment contracts were adopted in the early years of the program, the Ministry of the Interior has revised its work and is now the preferred route to obtain employer-sponsored workers, for whom the criteria of the 457 visa regime cannot be met.
If the department sees a persistent labour shortage in a given sector, the department can implement an “industrial work agreement” that companies can request. A DAMA is used to recruit international labour in some labour-shortage regions. The governments of the federal states and territories and planning commissions are the bodies that seek this agreement so that qualified migrants can apply. If you have any questions about these requirements or would like to discuss employment contracts with an immigration lawyer, contact Ethos Migration lawyers or call us on 1300 083 843. If an industry has identified a shortage or gap in the local skilled market, a large number of offshore nationals may be required to support the business. Project companies that lack manpower or skills are able to employ foreign workers during the construction of an infrastructure project. Companies that have projects approved by the Department of Foreign Affairs (DFAT) under the China Origin Investment Facilitation Arrangement (IFA) also have access to project agreements. As a general rule, a work agreement is valid for a period of five years. The 457 visa program and employer-funded permanent residence were officially the government`s top priority for skilled migration since 2011. However, the elimination of many professions and the removal of a direct route to permanent residence for a large number of 457 visa holders have significantly reduced the system.
This narrower system is the “new normal” and, in many cases, organizations must look outside the 457 visa program to meet their qualification needs. Regardless of the complexity of your situation, Ethos Migration Lawyers can help you find a solution. The federal government`s announcement of the abolition of the 457 visa requirement in April 2017 (replaced by the sub-category 482 TSS visa in March 2018) was the beginning of a fundamental overhaul of the state`s employer-sponsored migration priorities.