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.
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.
