July 2020
In light of the challenges that the restaurant industry has recently been experiencing, we wish to shine a spotlight on the Restaurant (Fine Dining) Industry Labour Agreement which allows fine dining restaurants to sponsor and employ chefs, cooks and trade waiters at a lower minimum salary than other skilled visa programmes, subject to labour market testing conditions.
What types of businesses is this labour agreement available to?
As its name suggests, the Restaurant (Fine Dining) Industry Labour Agreement is only available to fine dining restaurants, which would generally be defined as an establishment that offers a premium quality dining experience, and has most of the following attributes:
· Silver service;
· Employing a maître d’ (head waiter);
· Uniformed, highly trained staff;
· Industry recognition (e.g. recent awards);
· Visually appealing quality food at premium prices;
· Dress code;
· Quality websites;
· Reservation requirements.
What occupations are available under this labour agreement?
There are three (3) main occupations available under the Restaurant (Fine Dining) Industry Labour Agreement, namely cooks, chefs and trade waiters, who can be sponsored for a Temporary Skill Shortage (Subclass 482) visa for up to four (4) years, with a pathway to permanent residence under the Employer Nomination Scheme (Subclass 186).
As such, this is an extremely beneficial pathway for cooks and trade waiters, who would otherwise not be eligible for transition to permanent residence under the Temporary Skill Shortage (Subclass 482) visa programme.
What concessions are there under this labour agreement?
Now you might be wondering – why would a chef be nominated under this labour agreement when chefs can transition to permanent residence via the Temporary Skill Shortage (Subclass 482) and Employer Nomination Scheme (Subclass 186) visa programmes?
The answer to this is in the various concessions under the Restaurant (Fine Dining) Industry Labour Agreement, including that the minimum salary payable to chefs, cooks and trade waiters nominated under this labour agreement is 90% of the Temporary Skilled Migration Income Threshold (“TSMIT”), which is currently $53,900.00. This is significantly lower than the minimum salary payable (subject to labour market testing) for the Temporary Skill Shortage (Subclass 482) and Employer Nomination Scheme (Subclass 186) visa programmes, and thereby more attractive to potential employers in the fine dining restaurant industry.
Additionally, chefs and cooks may be eligible to transition to a permanent residence after working for the sponsoring employer for two (2) years on a Subclass 457 visa or Temporary Skill Shortage (Subclass 482) visa. This is a much less onerous requirement than the usual three (3) year period required under the Temporary Skill Shortage (Subclass 482) and Employer Nomination Scheme (Subclass 186) visa programmes (with the exception of persons who applied for or who held a Subclass 457 visa on 18 April 2017).
On the other hand, trade waiters nominated under the Restaurant (Fine Dining) Industry Labour Agreement will have to work for their sponsoring employer for three and a half years (3 ½) years on a Subclass 457 or Temporary Skill Shortage (Subclass 482) visa, before they are able to transition to permanent residency under the Employer Nomination Scheme (Subclass 186) visa programme.
Another concession which may interest potential sponsors and nominees under the Restaurant (Fine Dining) Industry Labour Agreement is the lower English language requirement (an overall IELTS test score of 4.5 or its equivalent).
How are foreign workers sponsored for employment under this labour agreement?
Sponsoring foreign workers under a labour agreement is 3-step process, involving a request for a labour agreement, the lodgement of a nomination application by the sponsoring employer and the lodgement of a visa application by the nominated employee under the Temporary Skill Shortage (Subclass 482) visa programme.
When should I start?
If you are a business who would like to sponsor a chef, cook or trade waiter, and/or are worried about the pre-existing skills shortages within the restaurant industry, as well as the increase in demand for skilled workers as the COVID-19 situation improves over the next few months, we would strongly encourage you to initiate a request for a labour agreement as soon as practicable, as labour agreement requests can take up to six (6) months for more to be finalised. This may not include the processing times for associated Temporary Skill Shortage (Subclass 482) nomination and visa applications, which can only be finalised following the execution of a labour agreement.
If you require further advice and/or assistance with obtaining a labour agreement, please do not hesitate to contact our office.
For more information about Restaurant (Fine Dining) Industry Labour Agreement in Melbourne Australia, please contact Melbourne’s best immigration lawyers at Erskine Rodan & Associates.
