Meat industry labour agreements Information for employers about labour agreement submissions September 2013

Meat industry labour agreements
Information for employers about
labour agreement submissions
September 2013
Contents
Introduction
3
What is a meat industry labour agreement?
3
Assessment for meat industry labour agreements
3
Start-up companies
4
Submission requirements
5
About your business
5
Background to your labour agreement request
6
Occupations, qualifications and experience
7
Labour market demand
8
Training commitment
9
Salary
10
English language proficiency
12
Adverse information
12
Workforce profile and projections
13
Mandatory stakeholder consultation
13
Useful web links
15
Tools
Business case proforma
Consultation template letter
Meat industry labour agreement FAQ
Subclass 186 eligibility declaration
Labour agreement information booklet—meat industry
2
Introduction
This booklet is a comprehensive suite of information about the Meat Industry Labour Agreement
(MILA) and a step-by-step guide to presenting a business case to the Department of Immigration and
Border Protection for access to overseas workers through a MILA.
September 2012
It contains many elements of policy clarification based on client and stakeholder feedback and
provides forms to assist you in making a complete and thorough proposal for a MILA and conducting
meaningful and transparent stakeholder consultation.
Complete submissions using the format provided with this guide can be sent to the department.
Email: [email protected]
By post: The Director
Labour Agreements Policy Section
Department of Immigration and Border Protection
PO Box 25
Belconnen ACT 2616
What is the meat industry labour agreement?
A labour agreement is a formal arrangement negotiated between an employer and the Australian
Government. It provides a flexible, tailored skilled migration arrangement for businesses and sectors
with specific needs that sit outside the mainstream skilled migration program.
A labour agreement will only be considered where a genuine skills shortage exists and there are no
suitably qualified or experienced Australians readily available
The MILA is the only pathway which allows a meat employer to recruit overseas workers as ‘skilled
meat workers’. The labour agreement allows the temporary and permanent entry of skilled meat
workers to work in Australian meat processing establishments.
The MILA is a template labour agreement, meaning the terms and conditions of the labour agreement
are non-negotiable and that no concessions (other than the concessions written into the template
labour agreement) can be requested.
Overseas workers employed under a MILA must be paid the Temporary Skilled Migration Income
Threshold (TSMIT), currently1 set at $53 900, unless Australian employees are paid a higher salary. If
Australian employees are paid a higher salary, overseas workers must be paid the same.
Businesses seeking access to a MILA will need to demonstrate genuine and significant demand for
skilled meat workers and that this demand cannot be met from within the Australian labour market.
The number of overseas workers requested under the labour agreement must represent a minority
proportion of the meat employer’s workforce. Compelling and concrete evidence is essential.
The negotiation of a MILA may be a lengthy process and places onerous obligations on the employer.
The MILA defines employer obligations such as the terms and conditions of employment for the
overseas workers and training requirements for Australian employees. It also defines the required
skills, qualifications and English language levels that overseas workers under the agreement must
meet.
Employers requesting access to a MILA should provide a comprehensive submission to the Australian
Government, represented by the Department of Immigration and Border Protection. The department
1
As indexed and updated annually.
Labour agreement information booklet—meat industry
3
will not consider that negotiations have begun until a substantially complete submission of assessable
material has been provided.
The submission will be assessed by a case officer from the Meat Industry Labour Agreements team
and additional information may be requested at any time during the negotiation process. There is no
limit to the number of times a departmental officer may ask for additional information until they are
satisfied that they have sufficient information on which to make a recommendation to the minister or
authorised officer. Not all labour agreement requests are approved.
The information provided in this pack is to help you prepare a quality submission.
All information from the employer is treated as commercial-in-confidence. However, this information
may be shared between relevant Commonwealth and state/territory government agencies including
the Department of Education, Employment, and Workplace Relations (DEEWR), the Office of the Fair
Work Ombudsman (OFWO), Fair Work Australia, the Australian Taxation Office and the Australian
Federal Police. The department will also notify any stakeholders consulted during consultation
whether or not a labour agreement was approved. The employer’s request to access a labour
agreement is taken as being consent for this to occur.
Assessment of meat industry labour agreements
The department assesses MILA submissions as quickly as possible upon receipt of the documents
and will generally provide the employer an opportunity to submit additional material in support of their
submission.
Labour agreements take some time to negotiate due to the rigorous assessment of large amounts of
information.
The negotiation period for a labour agreement is generally six to eight months. However, if the
employer has not provided a complete submission, including evidence of consultation with industry
bodies and unions, the negotiation period will be longer.
It is important to ensure that your labour agreement proposal best represents your skilled labour
needs and forecasts as, once a labour agreement is in place a request for a variation to nomination
ceiling numbers will not be considered within six months of the labour agreement being approved.
The department will only consider requests for expedited assessment of the labour agreement request
if the company can demonstrate a significant benefit to the wider Australian community in addition to
the employment of Australians. The decision to prioritise a request is made at the absolute discretion
of the department.
If the labour agreement is approved, you will be able to nominate overseas workers (either onshore or
offshore) who meet the requirements agreed to in the labour agreement2.
Start-up companies
Labour agreements with start-up companies are unlikely to be approved until the company can
demonstrate 12 months operation with supporting financial documentation. The department must be
satisfied that the company is financially viable and not overly dependent on overseas workers.
2
In certain circumstances, it may be possible for workers onshore to lodge visa applications before the labour agreement is
approved, but those applications cannot be processed until the agreement and nominations are finalised. Please contact your
case officer to discuss further after you have submitted your proposal.
Labour agreement information booklet—meat industry
4
Submission requirements
Please use the attached business case proforma to make your submission to the department. The
proforma will assist you in addressing all requirements and in providing a well-ordered, properly
evidenced submission ready for assessment by the department.
You must be able to provide a compelling, evidence-based case to access overseas workers and your
case must be supported by concrete, relevant and current evidence. A mandatory part of the process
is that you consult with relevant industry stakeholders.
Evidence must specifically relate to the legal entity that is requesting a labour agreement. In most
situations, the records of associated entities cannot be used as evidence to support an employer’s
request.
The following information is a guide to providing a thorough and appropriate submission to the
department.
About your business
Refer to the business case proforma (item 1) to provide the following details:
Registration details
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legal registered name of business
Australian Business Number (ABN)
Australian Company Number (ACN) (if applicable)
Australian Registered Body Number (ARBN) (if applicable)
Australian Stock Exchange Code (if applicable)
state or territory in which the legal name is registered
registered trading name/s
business structure (sole trader, partnership, company, trust, or other entity)
number of years of operation
name of each director.
It is important that this information, in particular registered business names and numbers, is accurate
as the entity identified on the labour agreement will be entering into a binding agreement with the
Commonwealth. Several recent cases, where businesses have had a labour agreement registered
under a different name or ABN than was supplied to the Commonwealth through the negotiation
process, have resulted in the labour agreement being suspended or invalidated, and a ‘freeze’ being
placed on the processing of sponsorship nominations and visa applications of overseas workers under
the labour agreement until the legal situation was resolved.
Head office
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street address
suburb/town
state and postcode
postal address, if different from above
your industry as defined by the Australian and New Zealand Standard Industrial Classification
(ANZSIC).
Employer contact details
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name
position
phone
email
street address
suburb
state
postcode
postal address if different from above.
Labour agreement information booklet—meat industry
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If using the services of a migration agent or other third party representing your company, please
provide contact details and complete and attach Form 956
Operational locations of business
Please provide the address details for all operational locations of the meat employer where the skilled
meat workers are expected to be placed. If different from the head office location, please provide
address/postal details.
Financial viability
The employer must provide a letter of support from a registered chartered accountant or a certified
practising accountant stating that the meat employer has financial capacity to meet the migration
obligations for the number of positions sought and for the period of the labour agreement. The meat
employer must also have the financial capacity to meet their sponsorship obligations as stated in the
MILA.
Related entities (if applicable)
Please provide the following details of any related entities to the meat employer:
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legal registered name of business
ABN
relationship to employer (parent, subsidiary, trust, other)
street address
suburb/town
postcode.
A labour agreement cannot be negotiated with a trust, but may be negotiated with a trustee, for
example ‘ABC Pty Ltd as trustee for the XYZ Unit Trust’.
Relevant industrial arrangements
Please provide a copy of the relevant industrial instrument or the instrument's reference number that
applies to Australian and overseas skilled meat workers. The Fair Work Act 2009 and information on
the National Employment Standards are available from the Fair Work Australia website. The industrial
instrument regulates the terms and conditions of all employees in Australia covered by the national
workplace system, including overseas workers.
Background to your labour agreement request
See business case proforma (item 2)
Provide a brief description of your business including:
 core business activities
 clients
 contracts
 structure
 reasons for seeking access to a labour agreement
 how your proposed labour agreement would be in the national interest
 the impact on the business if a labour agreement is not approved.
Labour agreement information booklet—meat industry
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Occupations, qualifications and experience
A MILA sets out the requirements, including skills and qualifications that overseas workers must have
in order to apply for a temporary (Subclass 457) or permanent (Subclass 186) visa under the
agreement. Under the MILA, employers may only nominate overseas workers under the occupation of
‘skilled meat worker’.
The requirements for these visa subclasses are outlined below.
Temporary Business (Long Stay) subclass 457 visa
‘Skilled meat worker’ is not a recognised occupation under the Australian and New Zealand Standard
Classification of Occupations (ANZSCO). It is only used in the context of the MILA to refer to a person
who:
 Has been assessed and verified by a Meat Industry National Training Advisory Council
(MINTRAC) registered assessor as having a minimum skill level of an Australian Qualification
Framework (AQF) Certificate III in meat processing
and
 demonstrates a minimum of three (3) years skilled work experience at a meat processing
establishment acceptable to the signatories to the labour agreement
or
 has been working in Australia on a subclass 457 visa at an Australian meat processing
establishment acceptable to the signatories to the labour agreement for at least nine (9)
months prior to being nominated by the employer.
As the duties and tasks of a skilled meat worker reflect the duties and tasks referenced by a
MINTRAC Certificate III, a skilled meat worker cannot be employed in a labouring position or
undertake labouring or unskilled duties other than to the extent of circumstances prescribed under
Clause 2 of Schedule 6 of the labour agreement.
Please provide the estimated number of primary sponsored skilled meat workers you are seeking for
each year of the labour agreement.
Subsequent year numbers will be considered prior to the commencement of the next year of operation
of the labour agreement. This is subject to the meat employer providing a written request for
subsequent year numbers to the department.
Employer Nomination Scheme—Agreement Stream (subclass 186) visa (permanent)
Overseas workers applying for a Subclass 186 permanent visa must demonstrate to the Australian
Government’s satisfaction that they possess appropriate skills and qualifications, including but not
limited to:
a. being assessed as ’skilled meat workers’ by a MINTRAC registered assessor, or other assessor
approved by the government, as being appropriately skilled for the purposes of permanent
entry;
b. having worked in Australia on a subclass 457 visa in the position of skilled meat worker for a
minimum of four (4) years, which can include any amount of time spent performing the duties of
a skilled meat worker while technically nominated as a slaughterer or boner and slicer on a
subclass 457 visa in a period prior to a company signing a labour agreement; and
c. achieving a minimum IELTS score of five (5) in each of the four (4) test components, or
achieving an Occupational English Test (OET) score of B, or undertaking 500 hours of English
language tuition with a Registered Training Organisation. More information about this
requirement is provided below.
Nominations can only be made by a meat employer that is a signatory to the MILA. Employers that are
a signatory to the MILA and wish to utilise the permanent residence pathway, must provide a signed
‘Subclass 186 Eligibility Declaration’ form which is included with this information pack, to the Labour
Agreements Policy Section by email at [email protected].
Labour agreement information booklet—meat industry
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The ‘Subclass 186 Eligibility Declaration’ is a list of subclass 457 visa holders that the meat employer
declares to be eligible for nomination under the Employer Nomination Scheme—Agreement Stream
(subclass 186) visa in accordance with the MILA. The Subclass 186 Eligibility Declaration should
include all subclass 457 visa holders that are/will become eligible for an employer sponsored subclass
186 visa during the current year term of operation and that the meat employer intends to nominate.
For example, a labour agreement in effect from 1 September 2012 will mean:
1st year term of operation—1 September 2012 to 31 August 2013.
2nd year term of operation—1 September 2013 to 31 August 2014.
The lodgement of nominations will be checked against the Subclass 186 Eligibility Declaration.
The department will consider requests for annual nomination ceilings, both for subclass 457 and 186
visas, in the context of an employer’s ongoing local recruitment efforts. The recruitment and retention
of workers on subclass 457 and 186 visas should be supplementary to training and retaining workers
from the local labour market.
Employers will be required to continue to demonstrate local recruitment efforts, rather than simply
transitioning subclass 457 visa holders to 186 visas and sponsoring large numbers of new subclass
457 visa holders. The number of subclass 457 and 186 nominations under a MILA will be reviewed
annually.
See business case proforma for format (item 3).
The Australian Government retains the right to make the final decision on the number of positions
approved under a labour agreement.
For more information about the requirements for a Subclass 186 visa under a MILA, please refer to the
fact sheet titled ‘Information for Skilled Meat Workers - Subclass 186 Permanent Residence Visas’.
Labour market demand
You must be able to demonstrate that there is a significant labour market need for the requested
occupation and that there are no appropriately qualified Australian workers readily available. See
business case proforma (item 4).
You must provide detailed information about all advertising and recruiting efforts over the past
six months. This includes the period the job was advertised for, the number of applications
received, the number of applicants who were hired, and reasons why those unsuccessful were
found to be unsuitable. You must use the table provided at item 5 of the business case
proforma to provide details of your local recruitment attempts over the past six months.
You will need to provide evidence of a demand (that cannot be met from the local labour market) for
the occupation that has been nominated under the proposed labour agreement. Evidence may include
but is not limited to:
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recent efforts to recruit from the Australian labour market for the occupation sought including
copies of advertisement(s) placed within the last six months, the medium used, and the dates
and length of time each advertisement ran
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the number of responses to the advertisement(s), the number of positions filled by Australians
and general reasons for non-suitability of Australian applicants
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the location of the unfilled positions advertised
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evidence of participation in job and career expos, including any associated fees, the dates and
locations of these and whether any positions were filled as a result
Labour agreement information booklet—meat industry
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written evidence from clients demonstrating demand for the nominated occupation—this may
include service contracts, unfilled client orders or letters of support from client organisations
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relevant industry (or other) research released in the last 12 months related to labour market
trends
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letters of support from state government authorities with the responsibility for employment
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strategies for retaining Australian workers.
All subclass 457 positions under the MILA should be advertised with Australian Job Search for a
minimum of 28 days prior to the lodgement of a nomination.
If the employer has consulted with DEEWR, please provide evidence of strategies to fill vacant
positions, including copies of emails or agreed minutes of telephone conversations or meetings with
Job Services Australia providers, about options to fill the vacant positions.
Please include the number of positions filled as a result of these consultations. Details of Job Services
Australia providers can be found on the DEEWR website at www.deewr.gov.au
It is a key requirement of the labour agreement negotiation process that the employer must submit
sufficient evidence for the departmental decision maker, or the decision maker’s representative, to be
satisfied that the employer has made genuine attempts to recruit workers from the Australian labour
market.
Training commitment
Businesses requesting a labour agreement need to demonstrate that they have a satisfactory record
of, and an ongoing commitment to, the training of Australians. This requirement supports the
government’s position that temporary migration arrangements should complement, not substitute for,
investment in training initiatives for Australians.
During the term of the agreement, the employer must maintain a good record of training Australians
through the provision of employment, training and career progression.
One of the following training benchmarks must be met for each year of the labour agreement:

the equivalent of at least 1.6 per cent of total gross wages (all employees—Australians and
overseas workers) paid by the employer on structured training for Australians
or
 at least $1000 must be spent on structured training for each Australian employee of the
employer
or
 the employer must ensure that the employment of Australian apprentices and/or trainees is
maintained at a level of no less than 15 per cent of the total number of employees engaged in
meat processing duties.
See business case proforma (item 6).
Please clearly state which of the above benchmarks you are intending to meet and provide evidence
of a commitment to the training of Australians. This may include:
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evidence of internal and/or external training
participation in Australian apprenticeships
employment of trainees
expenditure on formal courses of study for Australians at TAFE
expenditure on both internal and external training of Australians.
Labour agreement information booklet—meat industry
9
Salary
Workers on temporary visas need to have enough money to be self-reliant while in Australia, given
that they are required to pay for their own private health insurance and do not have access to the
same social safety nets or benefits and services as Australian citizens and permanent residents. For
this reason, the government has set a Temporary Skilled Migration Income Threshold (TSMIT), which
has been determined as a salary floor for overseas workers on the subclass 457 program.
Other than this, terms and conditions of employment for skilled meat workers must be no less
favourable than the terms and conditions of employment that would be provided to an Australian
worker performing the same duties at the same location. This usually means that the award or
enterprise bargaining arrangement that applies to Australians at the workplace where the skilled meat
workers will be employed, will also apply to skilled meat workers.
See business case proforma (item 7).
The employer must provide the following information:
 salary arrangements for the skilled meat workers requested under the labour agreement
 salary arrangements for Australian workers in the same occupation, performing equivalent
work at the same location
 the amount and purpose of deductions (if any) to be made from the skilled meat workers’ and
Australian workers’ salaries
 the amount and purpose of any allowances paid to the skilled meat worker
 confirmation that the terms and conditions of employment will be no less favourable than the
terms and conditions that are provided, or would be provided, to an Australian performing
equivalent work in the employer’s workplace at the same location;
 confirmation that the skilled meat worker will be paid either the market salary rate or the
TSMIT, whichever is the greater
 the relevant industrial instrument covering the skilled meat worker’s occupation
 the letter of appointment that will be provided to skilled meat workers.
For the purpose of the MILA, the TSMIT is based on a 38 hour working week.
The TSMIT must be paid on a regular basis (at least fortnightly) and must be met over a period of 12
months from the date of the visa holder’s commencement with the meat employer, excluding those
periods when the visa holder is offshore. This ensures that whilst the skilled meat worker is onshore
they have sufficient means to support themselves, regardless of whether they are on an approved
leave of absence.
In addition to the TSMIT, any additional hours worked in excess of 38 hours must be remunerated in
accordance with the provisions of the relevant industrial instrument applicable to Australian and
overseas workers at the meat processing establishment.
Payments that can be considered for the purpose of meeting the TSMIT include any payments that are
provided for under the Relevant Industrial Instrument, relevant Enterprise Bargaining Agreement or the
Migration Regulations, but exclude overtime and bonus payments. Workers Compensation benefits
paid to the overseas skilled meat workers and any payments that are based on activity levels can also
be considered for the purpose of meeting the TSMIT.
Labour agreement information booklet—meat industry
10
For the purpose of the MILA, the following table outlines the types of payments that can and cannot be
considered for the purpose of meeting the TSMIT:
Payments that can be accepted
Payments that cannot be accepted
Payments for work performed during the
employees normally scheduled or rostered
hours of work including ordinary hourly rates
and /or piecework earnings generated from
any payment by results scheme.
Payments relating to overtime, work on RDOs,
call outs, call backs and/or any other payments
for extraneous work outside or beyond the
employees normally scheduled or rostered
hours of work.
Allowances which compensate for disability
including shift loadings or allowances.
Allowances of a reimbursement nature including
meal allowance.
Amounts voluntarily salary sacrificed by the
employee in accordance with the employers
approved payroll deduction plan.
Employer statutory superannuation contributions
Payment for any leave including annual leave
loading and cashed out leave entitlements.
Post tax payroll deductions.
Payments made on termination of employment
including payment for unused leave, payment
in lieu of notice and/or severance pay.
Worker's Compensation benefits paid as
reimbursement for expenditure such as medical
or pharmaceutical costs.
Payments for Public Holidays, either worked
by the employee or not.
‘Top up’ payments made as described below
in relation to stand downs.
Worker's Compensation benefits paid as
compensation for loss of ordinary time
earnings.
Employer super contributions above the
statutory level.
Labour agreement information booklet—meat industry
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English language proficiency
The MILA sets out the applicable English language requirements for overseas skilled meat workers
applying for a temporary or permanent visa. The specific requirements for each visa category are
outlined below.
Temporary Business (Long Stay) subclass 457 visa
Under the standard business sponsorship program, subclass 457 visa applicants
are required demonstrate that they possess English language proficiency to the level prescribed under
the Migration Regulations, currently a score of at least IELTS 5 in each test component or an OET
score of B.
The MILA provides some concession to this requirement. Overseas skilled meat workers whose last
substantive visa was a subclass 457 and who are onshore are not required to demonstrate any
English language requirement. For these skilled meat workers, a requirement of the labour agreement
is that the employer must continue to provide them with accredited English language training until they
meet the prescribed level of English language proficiency.
For all other subclass 457 visa applicants, they must meet the prescribed English language
requirement at the time of decision on their visa application.
Employer Nomination Scheme—Agreement Stream (subclass 186) visa (permanent)
Overseas skilled meat workers must meet one of the following English language requirements to be
eligible for the subclass 186 visa:

demonstrate that they have an International English Language Testing System (IELTS) score
of at least 5 in each of the four test components of speaking, reading, writing and listening
or
 demonstrate that they an Occupational English Test (OET) score of at least B
or
 have completed, and can provide evidence of, at least 500 hours of English language tuition
classes provided by a Registered Training Organisation (RTO)
or

be a current passport holder of a passport of any of the following countries:
- Canada
- New Zealand
- The Republic of Ireland
- The United Kingdom
- The United States of America.
For further information regarding the English language requirements for subclass 186 under the MILA,
please see the frequently asked questions (FAQ) information sheet ‘Subclass 186—English Language
Requirement: information for sponsors and applicants’.
Adverse Information
Workplace relations compliance record
You are required to provide a statement advising the department of whether the meat employer or any
related entities have been investigated in the last three years by the Office of the Fair Work
Ombudsman (OFWO), or former authority with this function, or relevant state government authority, in
relation to compliance with workplace relations provisions. If so, please provide details of the outcome
of these investigations.
Occupational health and safety compliance record
Labour agreement information booklet—meat industry
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Your business must provide a statement advising whether the meat employer or any related entities
have been investigated or audited by the relevant state government authority in relation to its
compliance with occupational health and safety provisions in the last three years. If so, please provide
details of the outcome of these investigations.
Migration compliance record
Advise whether the business or any related entities are currently or have previously been an approved
sponsor and/or a party to a labour agreement. If so, the following details must be provided:

date of approval
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approval or agreement number

associated business name.
A statement must also be provided confirming whether the business or any related entity has been
investigated or audited in the last five years by the relevant Australian or state/territory government
authority in relation to its compliance with migration provisions. If so, please provide evidence of the
outcome of these investigations.
See business case proforma (item 9).
Workforce profile and projections
Employers seeking access to a MILA must demonstrate that the recruitment of overseas workers is
only to supplement the Australian workforce and that a labour agreement will not undermine
employment or training opportunities for Australians. Generally, a labour agreement is unlikely to be
approved where more than one third of the employers’ workforce in Australia is comprised of overseas
workers.
Over the life of a labour agreement, there is an expectation that the employer will make ongoing efforts
to reduce its reliance on overseas workers. A current workforce profile must be provided with
projections (full time equivalents) of all employees engaged in meat processing duties for the next
three years. See business case proforma for format (item 10).
Mandatory stakeholder consultation
The government is committed to improving the transparency and accountability of the temporary
skilled migration program, to ensure that employment and training opportunities for Australians are not
undermined and that the risk of exploitation of overseas workers is mitigated. Recruitment of overseas
workers under the MILA should also be demonstrably in the national interest. Therefore, as part of the
labour agreement negotiations, the employer is required to consult with relevant industrial
stakeholders.
Relevant industrial stakeholders include:

the industry body which best represents the interests of the employer
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the union which best represents the interest of the employee, noting that the union must be
consulted even if none of the current employees of the business is a union member

any other agency or community group that may be impacted by the proposed labour
agreement, for example schools or health services.
You must include all of the following information:
 the requested number of overseas skilled meat workers under the proposed labour agreement
 the locations where you propose to place overseas skilled meat workers
 the proposed salary for the overseas skilled meat workers
 any other information deemed relevant by the employer.
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To assist your stakeholders in making an informed comment on your labour agreement proposal, you
may also choose to include:
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details of the qualifications and years of experience that will be expected of workers

how skills assessment will be conducted

the number of Australians currently employed in the occupations requested under the
proposed labour agreement
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if concessions are sought, your proposed strategies to ensure worker welfare
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a basic workforce profile showing the proportion of your workforce in Australia which would be
overseas workers if a labour agreement were approved
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how you propose to meet the training requirement.
These requirements may vary—the department will advise and update materials if this occurs.
See business case proforma (item 11).
You must provide each stakeholder with two opportunities to respond to the labour agreement
proposal. Stakeholders should be advised on each occasion that their views will not provide a veto to
the progress of a labour agreement and if a response is not received, the labour agreement
negotiation process will continue. Stakeholder responses should be provided back to the employer
within 21 days of the receipt of the request for comment on the labour agreement proposal. If no
response is received, the employer must follow up and allow a further 14 days for response by the
stakeholder.
All reasonable steps must be taken to provide stakeholders with additional information they consider
necessary to make informed comment on your proposed labour agreement.
You should also take all reasonable steps to respond to questions or concerns raised by stakeholders.
The department is unlikely to proceed with negotiations unless all such matters are addressed
satisfactorily.
Copies of all of the employer’s written request(s) for comment on the proposed labour agreement and
the response(s) should be sent to the department. If there is no response from the stakeholder(s), the
employer will need to provide the department with a copy of the follow-up request. If the department is
unsatisfied with the level of engagement, your case officer may contact any of the parties involved in
consultation to request further action.
The employer may choose to provide the stakeholder with a copy of the labour agreement submission.
The department recommends that the stakeholder is advised that the information contained in the
submission is ‘in-confidence’ and should not be disclosed to any other party without the employer’s
permission.
Contact us
If you have any questions about the MILA process or its requirements please contact the
meat industry labour agreements team.
Email: [email protected]
Labour agreement information booklet—meat industry
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Useful website links
Department of Immigration and Border Protection
www.immi.gov.au
www.immi.gov.au/skilled/skilled-workers/la
Market salary rates requirements
www.immi.gov.au/skilled/457-market-salary-rates.htm
www.immi.gov.au/skilled/457-market-rates-faq-sponsor.htm
Skills assessment
www.immi.gov.au/asri/a-z.htm
www.deewr.gov.au/Skills/Programs/SkillsAssess/TRA/Pages/default.aspx
www.training.gov.au
www.mintrac.net.au/
English language proficiency
www.ielts.org
www.occupationalenglishtest.org
Health insurance
www.immi.gov.au/skilled/skilled-workers/sbs/457-health-insurance.htm
Australasian Meat Industry Employees Union (AMIEU)
www.amieu.asn.au
Department of Education, Employment and Workplace Relations
www.deewr.gov.au/Pages/default.aspx
Fair Work Australia
www.fwa.gov.au
Safe Work Australia
www.safeworkaustralia.gov.au/sites/SWA/Pages/default.aspx
Labour agreement information booklet—meat industry
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