Who can get an Enterprise Migration Agreement (EMA)?

Who can get an Enterprise Migration Agreement?

Enterprise Migration Agreements (EMAs) are available to resources projects with capital expenditure of more than two ($2b) billion dollars and a peak workforce of more than 1500 workers.

To be approved for an EMA, projects need to develop a comprehensive training plan, demonstrating how the project will invest in the up-skilling of Australians to meet future skill needs in the resources sector. This plan will need to set measurable targets for training that develops skills in occupations where there are known or anticipated shortages.

Labour from outside Australia will only be supplementary, with resources projects required to demonstrate effective, genuine and ongoing local Australian recruitment efforts.

What is the benefit of an Enterprise Migration Agreement?

Rather than each sub-contractor having to negotiate their own labour agreement, the bulk of negotiation occurs with the project owner. This means project owners can plan their workforce needs from the outset, and sub-contractors can sign up to an individual labour agreement.

The Department of Immigration & Border Protection (DIBP) says that it aims to negotiate agreements within three (3) months from the time a project owner submits a complete request for an EMA. Labour agreements and visa applications associated with an EMA will be subject to expedited processing.

Under an EMA, occupations that are not eligible for standard migration programs can be sponsored, provided the project can justify a genuine need that cannot be met from the Australian labour market. This will be critical for resources projects, particularly during the construction phase.
 

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.auor by telephone: +61 3 9614 7111 if you require any advice or assistance.