August 2021
Spotlight: Fishing Industry Labour Agreement
The Fishing Industry Labour Agreement is a work agreement between approved fishing businesses operating in the Agriculture, Forestry and Fishing Industry and the Department of Home Affairs, allowing fishing businesses to recruit an agreed number of skilled workers in light of skills shortages suffered by the Fishing Industry.
Once executed, the Fishing Industry Labour Agreement will be valid for a period of five (5) years, during which the approved fishing business can sponsor a specified number of overseas workers for temporary visas, in accordance with the nomination ceiling (“ceiling numbers”) determined in the Agreement. An application to vary these ceiling numbers can be made to the Department of Home Affairs where there is a business case which supports this.
What visas can you apply for under the Fishing Industry Labour Agreement?
Under the Fishing Industry Labour Agreement, approved fishing businesses are able to sponsor skilled overseas workers for a Temporary Skill Shortage (Subclass 482) visa for up to four (4) years.
Does the Fishing Industry Labour Agreement provide a pathway to permanent residence?
There is no pathway to permanent residence under the Fishing Industry Labour Agreement.
What occupations are there available under the Fishing Industry Labour Agreement, and what qualifications and work experience do I need?
There are six (6) occupations available under the Fishing Industry Labour Agreement, namely the following occupations:
· Deck Hand (ANZSCO 899211)
· Fishing Hand (ANZSCO 899212)
· Master Fisher (ANZSCO 231211)
· Ship’s Engineer (fishing industry – code 070499)
· Ship’s Master (ANZSCO 231213)
· Ship’s Officer (ANZSCO 231214)
What qualifications and work experience do I need
Skilled overseas workers recruited to the Deck Hands or Fishing Hands occupations must have:
· At least three (3) years of recent relevant experience (evidenced by a signed sea-time or log book);
· Hold safety and rescue certificates compliant with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (as amended); and
· Hold a first aid certificate awarded within 12 months of the nomination application being lodged (where it was awarded more than 12 months prior, the employer must ensure that the overseas worker attains an Australian first aid certificate within 1 year of commencing work with the employer.
Skilled overseas workers recruited to the Master Fisher, Ship’s Engineer, Ship’s Master and Ship’s Officer occupations must have a Bachelor Degree or higher qualification. Alternatively, at least five (5) years of relevant experience may substitute for a formal qualification. Registration or licensing is also required for these occupations.
Are there any concessions available in relation to salary requirements, English language requirements and/or age requirements?
Skilled overseas workers recruited to the Deck Hands or Fishing Hands occupations must demonstrate an overall IELTS test score of 4.5 (or equivalent).
Skilled overseas workers recruited to the Master Fisher, Ship’s Engineer, Ship’s Master and Ship’s Officer occupations must demonstrate an overall IELTS test score of 5.0, with at least 4.5 in each of the test components (or equivalent).
Approved fishing businesses must also provide skilled overseas workers with initial access to an interpreter during induction training, flexible English language instruction options such as DVDs and phrasebooks, install signage and provide training booklets for the skilled overseas workers in both English and their native language, and ensure that every skilled overseas worker has sufficient English language to take reasonable care of their own health and safety, and that of the people they work with.
Additionally, skilled overseas workers must be paid in accordance with either of the following salary arrangements, whichever is higher:
· the Australian Market Salary Rate for the nominated occupation, which must also be above the Temporary Skilled Migration Income Threshold (TSMIT) (currently $53,900.00 AUD); or
· a percentage of catch (as would be paid to an Australian doing equivalent work within the sponsor’s workplace at the same location).
If there is another Australian worker performing equivalent work at the same workplace, who receives a higher annual salary, the sponsoring employer will have to pay the overseas worker the difference in their salaries over a 12-month period, in the month following this 12-month period.
Finally, any payments deducted from the skilled overseas worker’s salary can only be made with the written permission of the skilled overseas workers, and must be consistent with Australia’s legislation and requirements (e.g. National Employment Standards).
As with the Temporary Skill Shortage (Subclass 482) visa programme, there is no age limit for visa applicants nominated under the Fishing Industry Labour Agreement.
What else should I be aware of?
The processing and execution of Labour Agreement request can often be a lengthy and complicated process. As such, a Labour Agreement request and the associated nomination and visa applications should be lodged in a timely and complete manner, so as to ensure that there are no processing delays caused by poorly documented applications.
To speak with an experienced, specialist immigration lawyer regarding your Australian visa application or options, please contact us on +61 3 9329 8744 or by email at info@erskinerodan.com.au
