The most common way that hospitality employers guarantee their staffing levels is by sponsoring expatriate workers whose occupations are on a relevant occupation list.
As an alternative, where an employer needs workers whose occupations are not on any specified occupation list, or, they do not meet certain requirements for the sponsored visas (such as age, English language skills etc), an employer should consider a Labour Agreement.
Labour Agreements are an alternative way to sponsor staff from overseas, and the Minister for Immigration decides which industry sectors can have access to the Labour Agreement program.
There is exciting news for the hospitality industry which will help to alleviate the critical skills shortages, brought about largely by the dearth of Working Holiday Visa and Student Visa holders in Australia during the pandemic.
The new Hospitality Labour Agreement
The Department of Home Affairs (DHA) has recently announced the creation of a new Industry Specific Labour Agreement for Hotel and Accommodation sector (i.e. Licensed Hotels). This Labour Agreement joins the existing hospitality industry Labour Agreement covering Premium Dining Restaurants.
What’s possible with these Labour Agreements?
Under each of these Labour Agreements, it will be possible for Premium Dining Restaurants and Licensed Hotels in Australia to sponsor overseas workers for Subclass 482 Temporary Skills Shortage (TSS) visas, as well as Subclass 494, Skilled Employer Sponsored Regional visas.
Under the Restaurant (Premium Dining) Labour Agreement it will be possible to sponsor:
- Chefs (ANZSCO 351311)
- Cooks (ANZSCO 351411)
- Café and Restaurant Managers (141111)
- Trade Waiters (Maitre D, Sommeliers, Floor Supervisors (ANZSCO 070499)
Each of the occupations listed in the Premium Dining Labour agreement has a pathway to permanent residence after three years of sponsorship either through a Subclass 186 Employer Nominated (ENS)visa or a Subclass 191 Skilled Regional Visa.
The age limit for the Subclass 186 Visa progression has been raised to under 55 years of age rather than usual 45 years of age currently.**
There is no age limit for Subclass 191 permanent residence applicants.
Under the Hotel and Accommodation Labour Agreement it will be possible to sponsor the following occupations:
- Café or Restaurant Manager (ANZSCO 141111)
- Hotel or Motel Manager (ANZSCO 141311)
- Hotel Service manager (ANZSCO 431411)
- Accommodation and Hospitality Manager nec (ANZSCO 141999)
- Cook (ANZSCO 351411)
- Chef (ANZSCO 351311
- Pastrycook (ANZSCO 351112)
There will also be pathways to Permanent Residence for all of the occupations above, via the Subclass 186 Visa scheme for Subclass 482 Visa holders and Subclass 191 for the Subclass 494 Visa holders.
Higher age concessions of under 55 years of age though for those transitioning to a Subclass 186 Visa will only be available for Cafe and Restaurant Managers, Hotel or Motel Managers, Accommodation and Hospitality Managers and Hotel Service Managers.
As stated above, there is no age limit for a Subclass 191 Visa.
Find out more
To find out more about these exciting new Labour Agreements including finding professional assistance to apply for your own Labour Agreement please contact AHWC Immigration Law now, by booking a consultation with us using the following link:
We can also assist you to find hospitality staff overseas to seamlessly staff your business!
Alternatively, please call our offices on 1300 887 818 (International callers +61 3 95735200), or call Seamus Taaffe directly on 0419592905
We look forward to hearing from you.