If you are an Australian aged care provider, you should be aware of the options available to allow you to sponsor overseas workers. In this newsletter, we give a quick guide on the Aged Care Labour Agreement, a tailored option for aged care providers to understand and explore.
What is the Aged Care Industry Labour Agreement?
The Aged Care Industry Labour Agreement (ILA) is an initiative of the Australian Government to address current workforce shortages in the aged care industry by making it easier for aged care providers to recruit workers from overseas. Aged Care ILA enables sponsorship of roles that would normally fall below the skill and salary levels that qualify for standard skilled migration programs.
Aged care providers can sponsor overseas workers for the Temporary Skill Shortage (subclass 482) visa in the following direct care occupations:
- Nursing Support Worker (ANZSCO 423312)
- Personal Care Assistant (ANZSCO 423313)
- Aged or Disabled Carer (ANZSCO 423111)
They can also sponsor overseas workers for permanent residence under the Employer Nomination Scheme (subclass 186) visa program.
How can employers access this labour agreement?
The Aged Care Industry Labour Agreement introduces a 3 step approach:
- Negotiate a Memorandum of Understanding (MoU) with a relevant union
- Request Access to Aged Care ILA
- Submit Nomination and Visa Application
Negotiate a Memorandum of Understanding (MoU)
To access the Industry Labour Agreement, employers must first enter a Memorandum of Understanding with the relevant union.
The relevant unions are:
- Australian Nursing and Midwifery Federation (ANMF)
- Health Services Union (HSU)
- United Workers Union (UWU)
Approaching an appropriate union will depend on the occupation group you seek to engage in, the service settings (residential or home care), and the state or territory where the services are provided.
It is important to note that labour market testing happens at this stage between the unions and the aged care provider. The objective of labour market testing is to establish that all possible measures have been taken to fill existing job vacancies. This may involve steps such as:
- Reaching out to part-time employees to determine if they are interested in taking on additional hours,
- Assessing casual workers for potential conversion to permanent employment,
- Implementing predictable rosters with set hours to enable individuals to access work on a regular basis,
- Accommodating flexible work arrangements,
- Minimising reliance on agency staff, and
- Creating opportunities for the development and training of existing staff.
Request Access to Aged Care ILA
Once the MoU has been established, the Aged Care Industry Labour Agreement request can be submitted to the Department of Home Affairs (the Department). The Department will then assess the genuineness of the MoU and based on that assessment will either refuse or approve access to the Labour Agreement.
Submit Nomination and Visa Application
Once your Aged Care ILA access is approved, the aged care provider can nominate overseas workers under the following two visas:
- Temporary Skill Shortage subclass 482
- Employer Nomination Scheme subclass 186
These visas involve a two-step process, a nomination stage and the visa application stage. Once the nomination and visa application are approved, overseas workers can commence work with their employer. These applications will be given the highest order of priority under Ministerial Direction No. 100.
Concessions & standard requirements under this Labour Agreement?
- PR Pathway: Access to permanent residency through the Employer Nomination Scheme (ENS) after 2 years. Applicant must demonstrate two years of relevant Australian work experience in a direct care occupation — this does not need to be with the same employer or visa subclass.
- Qualifications: Hold a relevant AQF Certificate III or higher, or have 12 months of relevant work experience (or part-time equivalent) instead of formal qualifications.
- Work experience: Unlike the standard sponsorship process, there is no requirement to demonstrate post-qualification work experience
- English Language: English language proficiency level of at least IELTS 5.0 or equivalent. Applicants employed by culturally and linguistically diverse aged care providers who have community language skills require a minimum IELTS 4.5 (or equivalent). A minimum IELTS 5.5 (or equivalent) is mandatory for the Employer Nomination Scheme (subclass 186) visa.
- Salary Requirement: Providers are required to offer at least $51,222 AUD or the Australian Market Salary Rate, whichever is higher, to the nominee. This is significantly different to the current TSMIT of $76,515.00 applicable to standard 482 visa applications.
- Skills Assessment: Obtain a positive skills assessment from the Australian Nursing and Midwifery Accreditation Council or Community Work Australia if qualifications were earned overseas or experience is used in place of study.
Skills assessment body
Under the Aged Care ILA, a skills assessment is required if the overseas worker:
- Obtained their qualifications overseas
- Claims work experience in lieu of formal qualifications
ANMAC is the skills assessment body for the occupations of Nursing Support Worker and Personal Care Assistant. On the other hand, ACWA is the skills assessment body for the occupation of Aged or Disabled Carer. Each assessing body has its own unique assessment criteria that must be met for a suitable skills assessment outcome.
If you are an aged care provider who have staff working within residential aged care facilities, you are likely to meet the requirements for a skills assessment with ANMAC. Those staff members primarily engaged in delivering general household assistance, offering emotional support, and providing companionship within home-based settings will be directed to ACWA for skills assessment.
To find out more about how you may benefit from the Aged Care Industry Labour Agreements, contact Migration Affairs today to schedule a consultation and find out if you qualify to sponsor under this agreement. With our expertise and guidance, you may be able to take advantage of this agreement and ensure that your organisation has the skilled workers it needs to succeed.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
