LABOUR AGREEMENTS - FISHING INDUSTRY

Fishing industry

The Fishing Industry Labour Agreement lets you sponsor skilled overseas workers in the 6 identified occupations for a temporary period of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable. Note that the concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the business.

As an employer, you must show that you meet the following requirements:

You can sponsor skilled overseas workers on these visas:

Temporary Skill Shortage visa (subclass 482)
Employer Nomination Scheme visa (subclass 186) after a three year transition period
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

You can only nominate for the following Australian and New Zealand Standard Classification of Occupations (ANZSCO) positions:

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)
Seafood Process Worker (ANZSCO 831313) (available in Category 2 and 3 regional locations only)

Workers from overseas undertake the tasks as outlined in ANZSCO for these occupations:

Master Fisher (ANZSCO 231211)
Ship's Engineer (fishing industry – code 070499)
Ship's Master (ANZSCO 231213)
Ship's Officer (ANZSCO 231214)
Seafood Process Worker (ANZSCO 831313)

In the Fishing Industry Labour Agreement, the Ship's Engineer completes the same tasks as outlined for the ANZSCO occupation Ship's Engineer (ANZSCO 231212), but on a fishing vessel.

The tasks to be undertaken by Deck and Fishing Hands are:

handling ropes and wires, and operating mooring equipment when berthing and unberthing
standing lookout watches at sea and adjusting the ship's course as directed
assisting with cargo operations using on-board equipment and stowing and securing cargo
patrolling ships to ensure safety of the vessel, cargo and passengers
performing routine maintenance and checks on deck equipment, cargo gear, rigging, and lifesaving and firefighting appliances
attaching gear and fastening towing cables to nets
casting and lowering nets, pots, lines and traps into water
preparing lines, attaching running gear and bait, and setting lines into position
hauling in fishing gear and removing fish and other marine life
sorting, cleaning, preserving, stowing and refrigerating catch

English language

Skilled overseas workers nominated to work as deck hands or fishing hands need to demonstrate sufficient English by providing one of these following test results:

Skilled overseas workers nominated to work as ‘Deck hands’ or ‘Fishing Hands’ must meet the following:

Temporary Skill Shortage visa (subclass 482)

Category 1, 2 and 3 regional locations: IELTS overall test score of at least 4.5, with no minimum score for each of the test components, or equivalent.

Employer Nomination Scheme visa (subclass 186)

Category 1, 2 and 3 regional locations: IELTS overall test score of at least 5.0, with a score of at least 4.5 in each of the test components, or equivalent.

Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

Category 2 and 3 regional locations: IELTS overall test score of at least 5.0, with no minimum score for each of the test components, or equivalent.

As the employer you must also:

provide skilled overseas workers with initial access to an interpreter during induction training, and 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
ensure that every skilled overseas worker has sufficient English language to take reasonable care of their own health and safety in the workplace and that of the people they work with, and can understand their workplace and employment conditions

Skilled overseas workers nominated as ‘Master Fisher’, ‘Ship’s Engineer (Fishing Industry)’, ‘Ship’s Master’, ‘Ship’s Officer’ and ‘Seafood Process Worker’, must meet the following:

Temporary Skill Shortage visa (subclass 482)

Category 1 regional locations: IELTS overall test score of at least 5.0, with a score of at least 4.5 in each of the test components, or equivalent
Category 2 and 3 regional locations: IELTS overall test score of at least 5.0, with no minimum score for each of the test components, or equivalent

Employer Nomination Scheme visa (subclass 186)

Category 1, 2 and 3 regional locations: IELTS overall test score of at least 5.0, with a score of at least 4.5 in each of the test components, or equivalent.

Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

Category 2 and 3 regional locations: IELTS overall test score of at least 5.0, with no minimum score for each of the test components, or equivalent.

Skills, qualifications and experience

To meet occupation requirements skilled overseas workers in the following occupations must meet the qualifications and experience requirements outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO)

Master Fisher (ANZSCO 231211)
Ship's Engineer (fishing industry – code 070499)
Ship's Master (ANZSCO 231213)
Ship's Officer (ANZSCO 231214)
Seafood Process Worker (ANZSCO 831313)

The skills, qualifications and employment background of a ship's engineer (fishing industry) under the Fishing Industry Labour Agreement are the same as in the ANZSCO for the occupation of Ship's Engineer (ANZSCO 231212).

Skilled overseas workers recruited to Deck Hands or Fishing Hands must have:

at least 2 years of recent relevant overseas experience (evidenced by a signed sea-time or log book) or
at least 1 years’ relevant Australian experience (evidence by a signed sea-time or log book) and
hold safety and rescue certificates compliant with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended
hold a first aid certificate which was awarded in the 12 months prior the nomination. Where the first aid certificate was awarded more than 12 months prior to the nomination, the employer must ensure that the overseas worker attains an Australian first aid certificate within 1 year of commencing work with the employer.

In addition to the above occupational requirements, there are also minimum levels of work experience that need to be met to satisfy visa criteria. The same work experience can count towards both the occupation requirements and visa criteria requirements.

Work experience requirements for visa eligibility purposes will vary depending on the location of the business and also the subclass of visa.

Salary

You must meet the salary requirements in place for the following programs:

Temporary Skill Shortage visa (subclass 482)
Employer Nomination Scheme visa (subclass 186) and
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

The earnings of a skilled overseas worker in Category 3 regional locations and an Australian worker can be equal to, or greater than, 90% of the Temporary Skilled Migration Income Threshold (TSMIT).

All skilled overseas workers must be employed on a full-time basis. Where overseas workers receive a percentage of the catch, their annual earnings must not be less than what would be paid to an Australian doing equivalent work in the sponsor's workplace at the same location, whichever is the higher amount.

If an equivalent Australian is paid more than a skilled overseas worker in any 12-month period, you must:

pay the skilled overseas worker an additional amount
this amount should equal the difference between the amount paid to the equivalent Australian and the amount paid to the skilled overseas worker for the 12-month period
this amount is to be paid to the skilled overseas workers in the month following the 12-month period

Any payments deducted from the skilled overseas worker's salary can only be made with the written permission of the skilled overseas worker, and must be consistent with Australia's legislation and requirements.

Age

There is no age limit for the Temporary Skill Shortage visa (subclass 482).

Applicants working in Category 1 regional areas must meet standard age requirements at the time of application for the: