LABOUR AGREEMENT STREAM REQUIREMENTS

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Employer

The business seeking to employ you must:

• still be actively and lawfully operating in Australia

• be party to a Labour Agreement in effect with the Commonwealth of Australia

• genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

• be compliant with Australian immigration and workplace relations law

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Position​

The position to be filled must:

• be full-time and available for at least 2 years from the time your visa is granted

• be an occupation included on your current employer’s Labour Agreement

• have a salary that is:

  • at least AU$73,150 per year (excluding any non-monetary benefits), unless a concession is provided in the Labour Agreement AND

  • at least the annual market salary rate (AMSR) for your nominated occupation

NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than AU$73,150 per year unless a concession applies.

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The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

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You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

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• be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

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Visa Applicant​

As the visa applicant, you must:

• generally have held one of the following visas, issued under your employer’s Labour Agreement, to work on a full-time basis in the nominated position (or a very closely related position) for your employer in Australia:

  • subclass 457 Temporary Work (Skilled) visa OR

  • subclass 482 Temporary Skill Shortage (TSS) visa

Note: Specific visa and applicant requirements may be stated in the Labour Agreement.

• be genuinely performing the tasks of your nominated occupation and have worked in the occupation for the period required by the Labour Agreement

• have competent English (unless a concession applies) i.e.

  • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR

  • an IELTS test score of at least 6 in EACH test component OR

  • an OET test score of at least B in EACH test component OR

  • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR

  • a PTE Academic test score of at least 50 in EACH test component OR

  • a Cambridge C1 Advanced test score of at least 169 in EACH test component

NOTES: In each case, the test must have been undertaken within the last three years.

• be under 45 years of age (unless a concession applies)

• meet any mandatory licensing, registration or professional membership requirements

satisfy the relevant health and character criteria

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