Labour Agreements are bespoke agreements between the minister for Immigration and a specific company, an industry, or a designated area such as a region, a state, or a territory.

In response to the severe labour shortage facing the Aged Care industry, the Ministers for Immigration and Aged Care have jointly announced the introduction of an AgedCare Labour Agreement.

To access an Aged Care Industry Labour Agreement, the employer/sponsor must first enter into an MoU Memorandum of Agreement (MoU) with a relevant industry union(s) below:

• the Australian Nursing and Midwifery Federation;

  
  

• the Health Services Union; or,

  
  

• the United Workers Union.

Nominated Occupations under the Labour Agreement

Under the Aged Care Industry Labour Agreement, the employer can sponsor foreign nationals on the Temporary Skill Shortage visa (SC 482) and on the Employer Nomination Scheme (SC 186) visa after a 2 year transition period.

Occupations that can be nominated under the Aged Care Industry Labour Agreement are as follows:

1. Nursing Support Worker - ANZSCO 423312

2. Personal Care Assistant - ANZSCO 423313

3. Aged or Disabled Carer - ANZSCO 423111

Labour market testing/advertising will not be required to nominate and overseas worker as the MoU with the relevant industry body outlined above will be considered sufficient to meet the Labour market testing requirement.

Qualifications and Skills Assessment Requirements for Overseas Qualifications

The overseas worker must have relevant tertiary qualifications equivalent to at least AQF Certificate III or above.

If the overseas worker obtained their relevant qualifications overseas, they will need a positive skills assessment from either of the following:

• The Australian Nursing and Midwifery Accreditation Council (for Nursing Support Worker ANZSCO 423312 or Personal Care Assistant ANZSCO 423313); 

  
  

• The Australian Community Workers Association (for Aged or Disabled Carer ANZSCO 423111) - https://www.acwa.org.au/migrants/skills-assessment-criteria/.

English Language Requirement for the Temporary Skill Shortage visa (SC 482)

Overseas worker will have to meet the English language requirement for the Temporary Skill Shortage visa (SC 482) as follows:

• Workers employed by standard aged care providers – they will have to obtain an ELTS 5.0 (or equivalent) with minimum component scores of 5.0 for speaking and listening and 4.5 for reading and writing.

  
  

• Workers employed by culturally and linguistically diverse aged care providers – they will have to obtain an IELTS 4.5 (or equivalent) score with no component minimum, provided the overseas worker is fluent in the target community language.

Salary and Full-time Employment

The overseas worker must also be paid a minimum base salary of AUD$51,222 p.a  (excluding Superannuation) or the Australian Market Salary Rate for the position, whichever is higher and must be employed on a full-time basis (38 hours per week under the National Employment Standards).

Are you an Aged Care provider who is struggling to hire support workers, and need professional representation with applying for an Aged Care Labour Agreement for your business? At Longton Legal, our experienced team of immigration lawyers and migration agents can provide you with turnkey professional service, holding your hands throughout the process and making sure you receive the best possible outcome.

Contact us today for a consultation.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*