Premium Dining Labour Agreements

WHAT IS THE PREMIUM DINING LABOUR AGREEMENT AND HOW CAN IT ASSIST MY BUSINESS?

ARCA Members may be familiar with sponsoring overseas workers under the standard 482/186 visa pathways but are you aware that there is an alternative pathway to visa sponsorship? This is via a Labour Agreement, which offers benefits to Australian employers that are not available under standard migration streams.

Labour agreements are formal contracts negotiated between Australian employers and the Australian Government. They allow overseas workers to be sponsored for a skilled visa enabling them to work in Australia for a specified period of time, in an approved occupation. There are several industry specific labour agreements that apply to Australian industries, including the Restaurant industry. These labour agreements include fixed terms and conditions.

The Restaurant (Premium Dining) Industry Labour Agreement, originally crafted by ARCA CEO Wes Lambert with the Dept of Home Affairs in 2022, enables Australian businesses to sponsor skilled overseas workers in Australian premium quality dining restaurants as cooks, chefs, café or restaurant managers and trade waiters for periods of up to 4 years and/or for permanent residence.

WHO IS ELIGIBLE TO REQUEST A LABOUR AGREEMENT?

The Restaurant (Premium Dining) Industry Labour Agreement is for establishments that have the following attributes:

• have revenue of at least $2 million per annum

• offer a wine list

• employ highly experienced staff

• are non-franchised

• require specialised front-of-house staff (including but not limited to Trade Waiters, Sommeliers, Maître D’s)

• require specialised back-of-house staff (including but not limited to Wok Chefs, Sushi Chefs, specialized cuisine Chefs).

WHAT IS THE BENEFIT OF USNG THE Restaurant (Premium Dining) Industry Labour Agreement?

• It covers an additional occupation – Trade Waiter – that is not covered by standard pathways.

• It includes an age concession (sponsorship allowed up to age of 55 years, unlike standard pathway which is 45 years).

• It includes an English language concession for all occupations relating to 482 visas (overall 5.0 in IELTS or equivalent).

• It is a streamlined process with visa grants occurring much more quickly than under the standard pathways.

• It allows for sponsorship of ALL covered occupations for up to 4 years, unlike the standard pathways where only chef can be sponsored for 4 years on a 482 visa and cooks and café/restaurant managers for only two years. This means fewer applications and lower fees for businesses that wish to sponsor staff for more than two years.

• Most importantly – it provides CERTAINTY to businesses regarding who they can sponsor.

As ARCA Members may be aware, the Australian government changes visa eligibility criteria on a regular basis and often with no or limited warning.

You may have heard of some upcoming potential changes to occupation lists for sponsorship under standard 482 and 186 visa pathways. Jobs and Skills Australia have recommended that occupations including chefs, cooks, restaurant managers and pastry cooks might be removed from occupation lists 2024.

Using a labour agreement means that the impact of these kinds of changes is minimal. Occupations in labour agreements are not affected by changes to occupation lists. This provides certainty to employers and allows them to plan ahead in relation to their workforce.

WHAT DOES THE PROCESS INVOLVE?

As a business requesting a labour agreement, some of the key requirements you must fulfill are as follows:

• Provide evidence to the Department about your business, the positions you wish to nominate and the number of workers for each position;

• Demonstrate that you have undertaken labour market testing and are unable to find suitably skilled workers who are Australian citizens or permanent residents;

• That you have sought support from relevant associations (ARCA) & unions in relation to your request.

Once the labour agreement is approved, overseas workers can then be sponsored on 482 and 186 visas.

WHAT IS THE COST?

There is no fee payable to the Department of Home Affairs for the labour agreement request. Meticus Lawyers, our Migration Partner, are pleased to offer ARCA Members a discounted, all-inclusive fee to prepare a labour agreement request for the Department of Home Affairs. This covers a single occupation request. Each additional occupation also comes at an extremely discounted rate!

Once approved, Meticus Lawyers can assist ARCA Members with 482 and subclass 186 visa applications at a further discounted rate.

For your Complimentary Premium Dining Labour Agreement Consultation, please click below