Tue. Feb 27th, 2024

The announcement of the new Aged Care Labour Agreement in Australia on May 5, 2023, is a very important development that aims to address workforce shortages in the aged care industry and provide a faster pathway to permanent residency for migrants.  

The government has recently introduced an exciting initiative targeting international aged-care professionals. The Aged Care Industry Labour Agreement aims to simplify the process for qualified overseas care workers to migrate and work in Australia’s prospering aged care sector.

This initiative is particularly important when properly skilled Australians are not readily available to fill these positions. This guide seeks to offer a complete understanding of this new opportunity, covering essential topics such as its advantages, requirements, available visa types, the application procedure, and more.

Advantages of the Aged Care Labour Agreement

The Aged Care Industry Labour Agreement presents numerous advantages for both employers and international aged care workers. 

  • It establishes a direct route for sponsoring care workers, addressing the demand in the Australian Aged Care Job market.
  • Employers gain access to a global talent pool, enabling them to sponsor overseas workers for the Temporary Skill Shortage (subclass 482) visa, specifically in direct care roles like Nursing Support Worker, Personal Care Assistant, and Aged or Disabled Carer.
  • It provides the opportunity for aged care workers to seek permanent residency through the Employer Nomination Scheme (subclass 186) visa program. This option is extended to individuals with a minimum of two years of full-time work experience in Australia within a relevant direct care occupation.

Requirements for Aged Care Labour Agreement

To access the Aged Care Labour Agreement-

  • Aged care providers must initially establish a Memorandum of Understanding (MoU) with relevant industry unions. Once the MoU is in place, the provider can submit a request for a labor agreement to the Department of Home Affairs.
  • Applicants must either possess a relevant AQF Certificate III or higher qualification or possess 12 months of pertinent work experience.
  • Overseas qualifications also require a positive skills assessment from either the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association.

Visa Types Available under the Aged Care Labour Agreement

Two Healthcare Sponsorship Australia programs fall under this agreement.

  • The first is the Temporary Skill Shortage (subclass 482) visa, granting overseas workers the right to reside and work in Australia for the duration of their sponsorship.
  • The second is the Employer Nomination Scheme (subclass 186) visa program, offering a pathway to permanent residency for those with a minimum of two years of full-time work experience in a relevant direct care role in Australia.

How to Apply for an Australian Care Worker Visa

To apply for an Aged Care Visa under the Aged Care Industry Labour Agreement, the initial step involves the employer establishing an MoU with the pertinent union(s). Once the MoU is formalized, the employer can submit a labor agreement request online via ImmiAccount. Following approval of the labor agreement by the Department of Home Affairs, the employer can nominate the overseas worker for a visa. 

What’s New for Aged Care Workers in Australia? 

On May 5, 2023, Alex Hawk Services and Multicultural Affairs made a public announcement regarding the extension of the Aged Care Industry Labor Agreement, leading to the introduction of four additional roles to the existing professions. These additional roles include: 

1. Personal Care Assistants 

2. Nursing Support Workers 

3. Aged or Disabled Carers 

4. Therapy Aides 

Essential details and importance of this new agreement: 

1. Purpose of the Agreement:  

The Labour Agreement for the Aged Care Sector is designed to allow eligible sponsors in the aged care industry to sponsor overseas care workers for both temporary and permanent positions. And it is expected that doing so will help to meet the growing demand for skilled workers in the aged care sector. 

2. Duration of Sponsorship:

The eligible sponsor can sponsor overseas care workers for up to four (4) years on a temporary basis. After the overseas worker completes two (2) years of employment with the Australian employer, they may be eligible to apply for permanent residency through this agreement. 

3. Industry Union Collaboration:

To access this labor agreement, the potential sponsor must enter into a Memorandum of Understanding (MoU) with one of the relevant industry unions. This collaboration ensures that the workers’ rights and industry standards are upheld. 

4. Eligible Occupations:

The agreement includes three occupations in the aged care sector: 

  – Nursing Support Worker (ANZSCO 423312) 

  – Personal Care Assistant (ANZSCO 423313) 

  – Aged or Disabled Carer (ANZSCO 423111) 

5. Concessions for Visa Applicants:

Visa applicants under this agreement are provided with certain concessions related to English language skills, qualifications, employment experience, and offered salary. 

6. English Skills:

The required level of English language proficiency varies based on the type of care provider: 

  – Standard care providers: IELTS 5.0 or equivalent (minimum 5.0 for speaking and listening, 4.5 for reading and writing) 

  – Culturally and linguistically diverse aged care providers: IELTS 4.5 or equivalent, with no specific component minimum, as long as the worker is fluent in the target community language 

  – IELTS 5.5 or equivalent, with no specific component minimum, for 186 visa applications 

7. Qualifications and Experience:

The required qualifications and experience vary based on the type of visa: 

  – For Temporary Skill Shortage 482 visa the required quaification is that one should have AQF Certificate III or equivalent, or 12 months of relevant full-time work experience (part-time equivalent) 

  – For Employer Nomination Scheme 186 visa one should at least have AQF Certificate III or equivalent qualification 

However, suppose an employee still holds a Certificate III in elderly care after two years of employment and is under the age of 45. In that case, their employer has the option to sponsor them for a permanent employer visa under subclass 186. Consequently, they could obtain a permanent visa after two years of employment.  

On the other hand, even if a visa applicant lacks qualifications and prior work experience in the aged care industry, they can apply for a student visa to study English and aged care in Australia.

Additional conditions

Once they have completed the necessary training or gained work experience equivalent to 12 months of full-time employment in Australia’s aged care sector, they can begin working in an elderly care facility. Thereafter, they become eligible to apply for sponsorship on their Temporary Skill Shortage 482 visa, which, as previously mentioned, has a validity period of four years.  

Similarly, after two years, if the employee is still under 45 and holds a Certificate III in elderly care, their employer may propose them for a permanent employer visa under subclass 186. Just as in the previous case, this pathway could lead to qualification for a permanent visa after four years. 

2. If you have relevant expertise from another country, you will need to undergo a skills evaluation. 

3. And have a job offer from an Australian aged care facility covered by a labor agreement. 

8. Skills Assessment:

Certain applicants who obtained qualifications overseas or are claiming work experience instead of a relevant qualification must provide a positive skills assessment from relevant authorities. 

9. Employment Experience:

The minimum work experience requirement varies based on the visa: 

  • Firstly, in the case of Temporary Skill Shortage 482 visa, no minimum post-qualification work experience is required 
  • For Employer Nomination Scheme 186 visa, at least two years of full-time work experience in Australia is required, not tied to a specific employer or visa subclass 

10. Salary and Age: 

The minimum salary is set at $51,222. And further the age requirements vary again based on the type of visa. 

11. Labour Market Testing:

Once a Memorandum of Understanding is entered with the relevant industry union(s), the sponsor is supposed to satisfy the labour market testing requirements. 

12. Priority Processing:

The Department of Home Affairs will then process the Agreements and associated visa applications as a matter of priority. 

Applying for the Aged Care Labour Agreement 

In order to apply for the Aged Care Industry Labour Agreement, aged care providers need to: 

1. Establish a Memorandum of Understanding (MoU) with the relevant union(s), which can be: 

  – Australian Nursing and Midwifery Federation 

  – Health Services Union or 

  – United Workers Union 

2. Once the Memorandum of Understanding is in place, aged care providers can submit a request for the labour agreement to the Department of Home Affairs. You can further find online labour agreement request forms in ImmiAccount. 

CONCLUSION 

Therefore, this new Labour Agreement aims to address skill shortages in the aged care sector. Additionally it provides overseas care workers with opportunities for career growth and potential permanent residency in Australia. The recent and upcoming reforms to the Aged Care Industry Labor Agreement are as can be seen as positive developments. These reforms are expected to streamline the process of hiring foreign aged care staff. And also to address the issue of labor shortages in the aged care industry. 

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