Restaurant (Premium Dining) Labour Agreement

Similar to other sectors in Australia, the hospitality industry is facing a nationwide shortage of skilled labour. One of the reasons for the skills shortage is the lack of skilled workers in the local labour market. The hospitality industry requires a wide range of skills and there simply aren’t enough people with these skills in Australia. This is where skilled migration comes in.

What is the Restaurant (premium dining) Industry Labour Agreement?

The Restaurant (premium dining) Labour Agreement allows premium dining restaurants to access flexible concessions to sponsor and employ chefs, cooks, café or restaurant managers, and trade waiters.    

This Labour Agreement allows restaurants to bring in overseas workers who do not qualify for standard visa programs or have the opportunity to obtain permanent visas with different terms and conditions than would otherwise be available. By bringing in skilled workers, we can also invest in the training and development of our local staff, helping to build a stronger and more sustainable workforce. 

What restaurants can sponsor overseas workers under this Labour Agreement?

To qualify as the employer, the restaurant must be considered a premium dining establishment, which provides high-quality dining and possesses certain characteristics:

  • Employs highly experienced staff
  • Offers a wine list
  • Has revenue of at least AUD$2 million per annum
  • Is non-franchised
  • Requires specialised front-of-house staff (including but not limited to Trade Waiters, Sommeliers, Matire D’s)
  • Requires specialised back-of-house staff (including but not limited to Wok Chefs, Sushi Chefs, specialised cuisine Chefs).

What occupations and visas are available for sponsorship?

Under this Labour Agreement, it will be possible to sponsor:

Premium dining restaurants can sponsor skilled workers for the following visa subclasses:

Each of the occupations included in this Labour Agreement provides the opportunity for permanent residency after being sponsored for a pre-determined period.

What concessions are available under this Labour Agreement?

Depending on the visa subclass, there are several concessions available under this Labour Agreement, including English, age and experience. Additionally, the above listed occupations are eligible to transition to permanent residency after 3 years working for the sponsoring employer under the ENS visa.

A summary of the concessions available across the visa subclasses can be found in the table below:

Concessions relating to visa criteria covered by this Agreement  TSS visa  SESR visa ENS visa
English an overall score of at least IELTS 5.0 (or equivalent);no less than IELTS 4.5 for listening and speaking components (or equivalent); andno less than IELTS 4.0 for reading and writing components (or equivalent).an overall score of at least IELTS 5.0 (or equivalent);no less than IELTS 4.5 for listening and speaking components (or equivalent); andno less than IELTS 4.0 for reading and writing components (or equivalent).Nil concessions – Must meet standard ENS English language requirements
Qualifications and experienceNil concessions for Chef, Cook, and Café or Restaurant Manager – as per ANZSCO and requirements of standard TSS visa   Trade Waiter must have AQF Certificate III in Hospitality (Restaurant Front of House), or equivalent qualification as assessed by a RTO and at least 12 months relevant work experience OR at least 18 months’ relevant work experience in Australia on a temporary visa OR at least 2 years’ relevant experience.  Chef, Cook and Café or Restaurant Manager – as per ANZSCO with the exception that they must have a minimum of 2 years relevant work experience.   Trade Waiter must have AQF Certificate III in Hospitality (Restaurant Front of House), or equivalent qualification as assessed by an RTO and at least 2 years’ relevant experience.  Nil concessions for Chef, Cook and Café or Restaurant Manager – as per ANZSCO with the exception that they must have a minimum of 3 years full-time relevant work experience in Australia in the nominated occupation as specified in this labour agreement   Trade Waiter must have AQF Certificate III in Hospitality (Restaurant Front of House), or equivalent qualification as assessed by an RTO and at least 3 years’ full-time relevant work experience in Australia and in the nominated occupation as specified by this labour agreement  
Age No age requirement  Must be under 55 years of age at the time of visa application lodgementMust be under 55 years of age at time of visa application lodgement.
SalaryNil concessions – Must meet the salary requirements in place for the standard TSS programNil concessions – Must meet the salary requirements in place for the standard SESR programNil concessions – Must meet the salary requirements in place for the standard ENS program

Concluding thoughts

The Restaurant Industry Labour Agreement is not only a solution to the ongoing skills shortages within the hospitality sector but also an opportunity to address the surge in demand for skilled workers following the COVID-19 pandemic and border closures. By taking advantage of this agreement, employers can ensure that they secure the talent they need to grow and thrive in the hospitality industry. 

To find out more about how your premium dining establishment may benefit from the Restaurant (Premium Dining) Labour Agreement, 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 establishment has the skilled workers it needs to succeed. 


Have more specific questions about your visa? Get in touch with Migration Affairs today.

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