Fishing industry Labour Agreement

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 Watch keeping 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.

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

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:

• Employer Nomination Scheme visa (subclass 186)
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

Applicants working in Category 2 and 3 regional areas must be under 55 years of age at the time of application for the:

• Employer Nomination Scheme visa (subclass 186)
• Employer Sponsored Regional (Provisional) visa (subclass 494).