Aged care industry Labour Agreement


Aged care industry

The Aged Care Industry Labour Agreement lets you sponsor overseas direct care workers for a period of up to 4 years or for permanent residence. The terms and conditions of the agreement are non-negotiable.

You can access the Aged Care Industry Labour Agreement once you have entered into a Memorandum of Understanding (MoU) with relevant industry union(s).

 TSMIT in Labour Agreements will be raised to $70,000 pa as of 1 July 2023.

Any concession to the TSMIT that exists in a Labour Agreement will continue at the current proportion ie, if there is a 10% concession on the $53,900 current TSMIT, there will be a 10% concession on the $70,000 level (eg $7000) from 1 July 2023.

The new Aged Care Industry Labour Agreement will not be affected.

Union MOU

To access an Aged Care Industry Labour Agreement, you must first enter into an MoU with a relevant industry union(s) – the Australian Nursing and Midwifery Federation, the Health Services Union or the United Workers Union.
For more information about entering into an MoU, please contact your relevant industry union.

  • Australian Nursing and Midwifery Federation
  • Health Services Union
  • United Workers Union

Visa

You can sponsor overseas workers on the following visas:

Occupations

You can nominate overseas direct care workers in the following Australian and New Zealand Standard Classification of Occupations (ANZSCO) positions:

  • Nursing Support Worker (ANZSCO 423312)
  • Personal Care Assistant (ANZSCO 423313)
  • Aged or Disabled Carer (ANZSCO 423111)

English language

Overseas workers must meet the following English language requirements:

Temporary Skill Shortage visa (subclass 482)
  • For overseas workers employed by standard aged care providers: IELTS 5.0 (or equivalent) with minimum component scores of 5.0 for speaking and listening and 4.5 for reading and writing.
  • For overseas workers employed by culturally and linguistically diverse aged care providers: IELTS 4.5 (or equivalent) with no component minimum, provided the overseas worker is fluent in the target community language.
Employer Nomination Scheme visa (subclass 186)
  • IELTS 5.5 (or equivalent) with no component minimum.


Skills and qualifications

To meet occupation requirements for a Temporary Skill Shortage visa (subclass 482), overseas workers must have at least a relevant Australian Qualifications Framework (AQF) Certificate III or equivalent, or higher qualification, or have 12 months of relevant full time work experience, or equivalent part time experience.

If the overseas worker obtained their qualification overseas or is claiming work experience in lieu of a relevant qualification, they will need a positive skills assessment from either the Australian Nursing and Midwifery Accreditation Council (for Nursing Support Worker ANZSCO 423312 or Personal Care Assistant ANZSCO 423313) or the Australian Community Workers Association (for Aged or Disabled Carer ANZSCO 423111).

To meet occupational requirements for an Employer Nomination Scheme visa (subclass 186), overseas workers must have at least a relevant AQF Certificate III, or equivalent qualification.

Work experience

There are no minimum levels of post qualification work experience that needs to be met to satisfy visa criteria for a Temporary Skill Shortage visa (subclass 482).

Applicants for an Employer Nomination Scheme visa (subclass 186) must have at least two years of full time work experience in Australia in a relevant direct care occupation. The two years of work experience is not tied to a particular employer or visa subclass.

Salary

You must:

employ the overseas worker on a full time basis
meet the National Employment Standards if overtime hours are included in the contract for the overseas worker, and
pay the overseas worker a minimum of $51,222 AUD (guaranteed annual earnings) or the Australian Market Salary Rate for the position, whichever is higher.

Age

There is no age limit for the Temporary Skill Shortage visa (subclass 482).

The age limit for an Employer Nomination Scheme visa (subclass 186) is 45 years of age.

Labour market testing

The establishment, and maintenance, of an MoU with the relevant industry union(s) will satisfy the labour market testing requirements.

Summary: Aged Care Industry Labour Agreement terms and concessions

  • Access the following concessions to standard skilled visa requirements:
    • two year pathway to permanent residence through the Employer Nomination Scheme
    • streamlined visa nomination and priority visa application processing
    • no post qualification work experience requirement
    • English language concessions for workers with relevant community language skills
    • annual salary of at least $51,222 AUD or the Australian Market Salary Rate, whichever is higher.
  • Key visa application requirements:
    • hold a relevant AQF Certificate III or equivalent, or higher qualification. You can also have 12 months of relevant work experience or part time equivalence.
    • obtain a positive skills assessment from the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association if you obtained your qualifications overseas. This also applies if you claim work experience in lieu of the formal qualifications.
    • have an English language proficiency level of at least IELTS 5.0 or equivalent. Workers with target community language skills employed by culturally and linguistically diverse aged care providers need at least IELTS 4.5 or equivalent.

DHA will consider labour market testing requirements satisfied once aged care providers have entered into an MoU with the relevant union(s).

^ Skill and qualification requirements will differ from those stipulated in ANZSCO. These will be specified under the terms of each Labour Agreement.


Book a meeting today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.


Work Visas



​If you want to come to Australia to work you will need a visa that suits the work you intend to do. The main Work visas or visas that allow you to work in Australia are:


Subclass 482- Temporary Skill Shortage visa

The TSS 482 visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker. You must have an employer willing to sponsor you for this visa. You must be nominated to work in an occupation on the list of eligible skilled occupations, have at least 2 years relevant work experience in your nominated occupation or a related field, have a relevant skills assessment if this is required for your occupation, work only for your sponsor or associated entity, unless you are exempt. You must also meet minimum standards of English language proficiency unless you are exempt from needing to show this.


Am I eligible for a TSS 482 visa?


Employer Nomination Scheme visa (subclass 186)

This 186 visa lets skilled workers, who are nominated by an employer, live and work in Australia permanently. Your occupation must be on the relevant list of eligible skilled occupations. Unless exempt, most applicants need to have at least 3 years relevant work experience in their occupation. You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in. Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position. You must be nominated by an Australian employer whose business is actively and lawfully operating. Usually, you must be under 45 years of age when you apply.


Am I eligible for a 186 visa?


Subclass 494 -Skilled Employer Sponsored Regional (Provisional) visa

This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker. You must be nominated to work in an occupation on the relevant skilled occupation list, have at least 3 years relevant work experience in your nominated occupation, have a relevant skills assessment, unless an exemption applies, work only for your sponsor or associated entity, unless an exemption applies. be under 45 years of age, unless an exemption applies and meet minimum standards of English language proficiency.


Am I eligible for a 494 visa?


​​​Designated area migration agreements (DAMA) – (Subclass 482 to Subclass 186)

A designated area migration agreement (DAMA) is a formal agreement between the Australian Government and a regional, state or territory authority. It provides access to more overseas workers than the standard skilled migration program. DAMAs operate under an agreement-based framework, providing flexibility for regions to respond to their unique economic and labour market conditions. Employers are able to sponsor skilled and semi-skilled overseas workers for positions they are unable to fill with local workers.


Am I eligible for a DAMA visa?



Am I eligible for a 408 visa?


Subclass 400 – Temporary Work (Short Stay Specialist) visa

The SC400 Highly Specialised Work stream of this temporary visa lets you do short-term, highly specialised work in Australia. It is suitable if you have specialised skills, knowledge or experience not generally available in Australia. You must have highly specialised skills, knowledge or experience that can help Australian business and can’t reasonably be found in Australia, and only do the work or activities for which your visa was granted. You can be granted for up to 6 months (depending on the circumstances). Generally, for a stay period longer than 3 months, a strong business case must be provided with the application. You can’t apply for this visa in Australia or stay longer by extending this visa.


Am I eligible for a 400 visa?


Subclass 407 – Training visa

The 407 visa allows you to take part in workplace-based occupational training activities to improve your skills for your job, area of tertiary study, field of expertise or in a professional development training program in Australia. With this visa you can visit Australia to complete a workplace-based training (to improve your skills for your current occupation, area of tertiary study or field of expertise), or a professional development training program.


Am I eligible for a 407 visa?


Subclass 417 and 462 – Work and Holiday visas
For young adults who want an extended holiday and to work here to fund it. This visa lets people 18 to 30 years old (or 35 years old for some countries) have their first extended holiday in Australia and work here to help fund their trip. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​You must have a passport from an eligible country or jurisdiction, you can work while you are here and you can apply for a second and third Working Holiday visa if you meet certain eligibility criteria.


Graduate Temporary 485 visas

The 485 visa is for international students who have recently graduated with skills and qualifications that are relevant to specific occupations Australia needs or graduated with a degree from an Australian institution. It lets you live, work and study in Australia, temporarily. Graduates affected by COVID-19 travel restrictions are now able to apply for and be granted a Temporary Graduate visa outside Australia – they must hold or have held an eligible Student visa.
​​​​​​​​​​You can work in Australia,  you can bring your family with you and you need a recent degree a CRICOS-registered course.


Skilled migration visas

Visas for skilled migrants to live and work anywhere in Australia.


Am I eligible for a skilled visa?


Business investment visas

Visas for entrepreneurs, investors and business owners to continue activity in Australia, and to establish a new or develop an existing business in Australia. This provisional visa is for people with business skills. It lets you operate a new or existing business in Australia and has a pathway to PR through the 888 visa.


Am I eligible for a 188 visa?


Global Talent visas

GTI Visas are for people who have an internationally recognised record of exceptional and outstanding achievement in an eligible field, including Global Talent pathway and Distinguished Talent pathway applicants.


Am I eligible for a GTI visa?



Book a meeting today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.

Related:

Employer Sponsored Options Assessment
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