In Australia, Industry Labour Agreements serve as a government mechanism to tackle labour shortages in essential industries where local hiring has proven ineffective. These formal agreements are established through negotiations between the Australian Government and designated industry bodies, enabling employers in specific sectors to sponsor skilled overseas workers for temporary or permanent residency. Designed to cater to the distinct labour market demands of various industries, these agreements ensure that businesses can access the necessary talent to fulfil their operational requirements.
Learn more about Labour Agreement:
The Restaurant (Premium Dining) Industry Labour Agreement released in 2022, is a tailored migration arrangement designed to help high-end restaurants in Australia address workforce shortages by sponsoring skilled overseas workers. This agreement is specifically for premium dining establishments that have found sourcing suitably qualified local staff challenging.
Under this agreement, employers can sponsor skilled positions such as chefs, cooks, and restaurant managers. One of the key benefits of this agreement is the flexibility it offers in comparison to standard migration programs. It allows for concessions on visa requirements, including language proficiency, salary thresholds, and age limits, making it easier to recruit international talent.
To access the agreement, restaurants must demonstrate they meet the premium dining criteria and show evidence of genuine recruitment efforts to hire local workers. The agreement also offers a pathway to permanent residency for eligible workers, providing long-term employment solutions.
If employers or potential applicants need assistance navigating the Restaurant (Premium Dining) Industry Labour Agreement or other Skilled visa pathways, contact us at Australian Migration Lawyers.
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Book a Consultation
If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.
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Which restaurants can sponsor overseas workers under this agreement?
The restaurants that can sponsor overseas workers under this agreement must be premium dining restaurants. These are restaurants that offer a premium quality dining experience, and has the following attributes:
- Employs highly experienced staff
- Offers a wine list
- Has a revenue of at least $2 million per annum
- Is non-franchised
- Requires specialised front-of-house staff (including but not limited to Trade Waiters, Sommeliers, Maitre D’s)
- Requires specialised back-of-house staff (including but not limited to Wok Chefs, Sushi Chefs, specialised cuisine Chefs)
This is a genuine need test, not a formality, restaurants must be able to evidence why an overseas worker is required for the specific position, including demonstrating that local recruitment efforts, such as advertising the role, did not identify a suitably skilled Australian applicant.
What occupations are available for sponsorship?
Employers can only nominate skilled overseas workers in the following Australian and New Zealand Standard Classification of Occupations (ANZSCO) positions:
- Chef
- Cook
- Cafe or Restaurant Manager
- Trade Waiter
A trade waiter, for the purposes of this agreement, is a specialised front-of-house role that goes beyond general waitstaff duties. It generally requires formal hospitality qualifications or substantial relevant experience, and can include duties such as tableside preparation, wine service, and managing complex service standards expected in a premium dining setting.
What are the occupation tasks?
The employees that are sponsored must complete the tasks outlined for each occupation (Chefs, Cooks or Managers) in ANZSCO.
Trade Waiters that are sponsored must complete the tasks of the ANZSCO occupation ‘Waiter’ and certain other duties which are outlined under the Restaurant Industry Award 2010 including organisation of tables and servicing of customers, however this may vary depending on the specialised duties the waiter may engage in as part of their employment.
Which visas are available for this sponsorship?
Employers can sponsor skilled overseas workers for these visas:
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Restaurant (Premium Dining) Industry Labour Agreement Terms for various visa types
The terms and conditions of the agreement are set and non-negotiable.
English Language
Skilled overseas workers sponsored for a Skills in Demand visa (subclass 482) visa, must achieve:
- An overall score of at least IELTS 5.0 (or equivalent)
- No less than IELTS 4.5 for listening and speaking components (or equivalent) and
- No less than IELTS 4.0 for reading and writing components (or equivalent).
Skilled overseas workers sponsored for an Employer Nominated Scheme visa (subclass 186) must meet standard visa program requirements.
Skills, Qualifications and Experience
Sponsored Chefs, Cooks and Cafe or Restaurant Managers must meet the skills, qualifications and experience requirements of the Skills in Demand visa (subclass 482) for that occupation.
Trade Waiters you sponsor must meet the skills, qualifications and experience requirements of the Temporary Skill Shortage visa (subclass 482) as below:
- An Australian Qualifications Framework (AQF) Certificate III in Hospitality (Restaurant Front of House), or equivalent qualification as assessed by a registered training organisation (RTO), and at least 12 months relevant work experience (Note: 12 months relevant work experience is additional to job placements during course of study) OR
- At least 18 months’ relevant work experience in Australia on a temporary visa OR
- At least two (2) years relevant experience
Skilled Employer Sponsored Regional visa (subclass 494) applicants must meet the skill requirements outlined above with the exception that they must have a minimum of two (2) years relevant work experience.
Employer Nominated Scheme visa (subclass 186) applicants must meet the skill requirements outlined above with the exception that they must have a minimum of three (3) years full-time relevant work experience in Australia and in the nominated occupation as specified in this labour agreement.
Salary
You must meet the salary requirements in place for the following programs:
This means the nominated salary must meet the Core Skills Income Threshold, currently $79,499 per year, calculated as guaranteed base salary only, superannuation and non-monetary benefits cannot be counted towards it. This agreement does not provide a salary concession, the standard threshold applies in full.
Frequently asked questions
- Are there any age restrictions?
For the Temporary Skill Shortage visa (subclass 482) there are no age restrictions, however for the Skilled Employer Sponsored Regional visa (subclass 494) and the Employer Nominated Scheme visa (subclass 186) you must be under 45 years of age at the time of visa application lodgement unless the labour agreement provides otherwise
- Can small restaurants apply for the agreement?
Yes, small restaurants that meet the criteria for premium dining and demonstrate a genuine need for overseas workers can apply for the agreement
- What happens if a sponsored worker wishes to change employers?
If a sponsored worker wants to change employers, the new employer must also have access to the Restaurant (Premium Dining) Labour Agreement and meet all the necessary requirements
- Can family members accompany sponsored workers?
Yes, family members of sponsored workers may be eligible to accompany them on dependent visas, depending on the specific visa subclass.
- Can you be eligible for permanent residency?
Yes, you may be eligible for permanent residency pathways depending on the specific type of visa subclass you are on.
- Can I travel outside of Australia whilst I am on this visa?
Temporary Skill Shortage visas and Skilled Employer Sponsored Regional visa allow unlimited travel out of Australia while the visa is valid. However, if granted the Employer Nominated Scheme visa you can travel to and from Australia for up to 5 years, after this period you will need to apply for a Resident Return (RRV), otherwise you may not be able to return to Australia as a permanent resident.
- What does the pathway to permanent residency look like under this agreement?
Chefs and cooks become eligible to transition to the 186 visa after two years of sponsored employment, while trade waiters and restaurant managers require three years, provided all other visa requirements are met at the time of transition.
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Conclusion
The Restaurant (Premium Dining) Industry Labour Agreement offers a critical solution for premium dining establishments facing challenges in sourcing skilled staff locally. By enabling restaurants to sponsor skilled overseas workers for key positions like chefs and managers, this agreement provides much-needed flexibility in visa requirements. It also offers a streamlined pathway to permanent residency for eligible workers, making it an attractive option for both employers and international talent.
Applying for this agreement, however, requires navigating a complex legal process, including demonstrating premium dining status, local recruitment efforts, and meeting other strict eligibility criteria. Errors in the application or misunderstanding the legal requirements can lead to delays or even rejection of sponsorship.
If your restaurant needs to sponsor a chef, cook, manager, or trade waiter, or you would like assistance navigating this agreement, contact Australian Migration Lawyers today.
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