If you are an Australian aged care provider, you should be aware of the recent immigration changes allowing you to sponsor overseas workers. In this newsletter, we will dive into the details of the newly established 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 which 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 direct care occupations:
- Nursing Support Worker
- Personal Care Worker
- Aged or Disabled Carer
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 new 3 step approach.
- Negotiate a Memorandum of Understanding (MoU)
- Request Access to Aged care ILA
- Submit Nomination and Visa Application
1. 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, 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.
2. Request Access to Aged Care ILA
Once the MoU has been established Aged Care Industry Labour Agreement requests 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.
3. 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:
These visas follow similar processes involving two steps, 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.
What occupations are available for sponsorship?
You can nominate workers in the following ANZSCO positions:
- Nursing Support Worker (ANZSCO 423312)
- Personal Care Assistant (ANZSCO 423313)
- Aged or Disabled Carer (ANZSCO 423111)
No other occupations are eligible under the agreement.
What concessions are available under this Labour Agreement?
| Concessions | Aged Care Industry Labour Agreement terms |
| English | At least an overall score of IELTS 5 (or equivalent) with minimum component scores of: 5.0 for speaking and listening 4.5 for reading and writing. There is a lower English requirement for culturally and linguistically diverse (CALD) care providers. Provided the overseas worker is fluent in the target CALD community language, they will need at least IELTS 4.5 (or equivalent). |
| Salary | AUD51,222 or the Australian market salary rate for the position, whichever is the higher. This is a significant concession on the standard 482 visa program which has a TSMIT of $70,000. |
| Permanent residence pathways | The Labour Agreement creates a pathway to permanent residence after two years of full-time work in Australia in a nominated occupation, or a closely related occupation under the ENS (subclass 186) visa. The work can be undertaken on any visa and there is no requirement for the two years to be with your business on a visa that you’ve sponsored. Applicants must hold an AQF Certificate III or equivalent or higher level qualification and have IELTS 5.5 (or equivalent) with no minimum component. |
| Skills and Qualifications | Holda at least a relevant AQF Certificate III or equivalent or 12 months of relevant work experience can substitute the formal qualification. No work experience is required in addition to the qualification or work experience used to substitute the formal qualification. |
| Skills Assessment | Hold a relevant skills assessment for the nominated occupation where the qualification was undertaken outside Australia or where work experience is undertaken to substitute formal qualifications. A skills assessment is not required where the relevant AQF qualification was undertaken in Australia. |
| Labour Market Testing | The Labour Agreement removes the requirement for technical labour market testing. Evidence of labour market testing is considered met whilst the Approved Work Sponsor is a party to the MoU with the Relevant Union have not raised any concerns about the labour market testing processes of the Approved Work Sponsor. |
| Age | There is no concession on age. An applicant must be under the age of 45 at the time of the visa application for the permanent visa (ENS 186). |
What is the relevant skills assessment body if a skills assessment is required?
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 has 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.
Concluding thoughts
As expressed by Minister for Aged Care, Anika Wells:
“the new labour agreement will benefit aged care providers and the workforce by streamlining the employment and visa process for overseas workers”
The Aged Care Industry Labour Agreement offers a streamlined and practical solution for addressing workforce shortages within the aged care sector while supporting the growth and development of the industry. For aged care providers, understanding and utilising this agreement can be a valuable tool for addressing staffing needs and delivering high-quality care. As expressed by Minister for Aged Care, Anika Wells, “the new labour agreement will benefit aged care providers and the workforce by streamlining the employment and visa process for overseas workers”.
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.
