Restaurant (premium dining) industry Labour Agreement

The Restaurant (premium dining) industry Labour Agreement, also commonly known as the Fine Dining Labour Agreement is a specific labour agreement available in Australia designed to address skills shortages in the fine dining sector. This agreement allows fine dining restaurants to sponsor overseas skilled workers for specific roles that are otherwise difficult to fill within the local labour market.

Key Features

1. Eligible Occupations:
   • The agreement covers skilled occupations essential to the fine dining industry. The available positions are chefs, cooks, restaurant managers and trade waiters.
2. Sponsorship:
   • Fine dining restaurants must be approved as sponsors under this labour agreement. The sponsorship process involves demonstrating a genuine need for overseas workers and showing that the positions cannot be filled by Australian workers.
3. Visa Options:
   • Employees sponsored under the Fine Dining Labour Agreement are eligible for the Temporary Skill Shortage (TSS) Visa (Subclass 482) and Skilled Employer Sponsored Regional (Subclass 494) visa, which allows them to work in Australia temporarily. In some cases, pathways to permanent residency may also be available.
4. Concessions:
   • The Fine Dining Labour Agreement may offer certain concessions compared to standard visa requirements. These can include variations in English language proficiency, tailored to the needs of the fine dining industry.
5. Labour Market Testing:
   • Employers must demonstrate that they have made genuine efforts to recruit Australian workers before turning to overseas labour. This involves advertising the position and proving that no suitable local candidates were available.

Application Process

1. Consultation and Application:
   • Employers interested in the Fine Dining Labour Agreement must consult with the Department of Home Affairs and submit an application demonstrating their need for overseas workers.
2. Negotiation and Agreement:
   • As the Fine Dining Labour agreement is a template industry agreement, there is no further negotiation available.
3. Visa Nomination and Application:
   • Once the labour agreement is finalised, the employer nominates the overseas workers for the visa, and the workers then apply for the relevant visa subclass. 

Benefits

• Addressing Skill Shortages: Helps fine dining establishments fill critical skill gaps, particularly in occupations not on the skilled occupation lists such as Trade Waiter.
• Pathway to Residency: Can provide a pathway to permanent residency for skilled workers, benefiting both the employer and the employee.

If you would like to discuss anything regarding the restaurant (fine dining) labour agreement stream or any other migration options, please contact our team today.