Restaurant (premium dining) Labour Agreement

Visa

You can sponsor skilled overseas workers on these visas:

• Temporary Skill Shortage visa (subclass 482)
• Employer Nomination Scheme visa (subclass 186) – after a two year (Chefs and Cooks) or three year (Trade Waiters and Café or Restaurant Managers) transition period
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

TSMIT in Labour Agreements will be raised to $70,000 pa as of 1 July 2023.

Any concession to the TSMIT that exists in a Labour Agreement will continue at the current proportion ie, if there is a 10% concession on the $53,900 current TSMIT, there will be a 10% concession on the $70,000 level (eg $7000) from 1 July 2023.

The new Aged Care Industry Labour Agreement will not be affected.

Occupation

You can only nominate skilled overseas workers in the following Australian and New Zealand Standard Classification of Occupations (ANZSCO) positions:

• Chef (ANZSCO 351311) – noting this also encompasses a variety of specialised roles/titles
• Cook (ANZSCO 351411)
• Café or Restaurant Manager (ANZSCO 141111)
• Trade Waiter (not in ANZSCO – when requesting please use code 070499) – noting this also encompasses several specialised roles/titles including but not limited to Sommelier, Maître D etc.

Your Business

As the employer, you must be a premium dining restaurant. This is a restaurant that offers a premium quality dining experience, and has the following attributes:

• employs highly experienced staff
• offers a wine list
• has revenue of at least $2 million per annum
• is non-franchised
• requires specialised front-of-house staff (including but not limited to Trade Waiters, Sommeliers, Maître D’s)
• requires specialised back-of-house staff (including but not limited to Wok Chefs, Sushi Chefs, specialized cuisine Chefs)

Occupation tasks

Chefs, Cooks and Café or Restaurant Managers you sponsor must complete the tasks for the relevant occupation as outlined in ANZSCO.

Trade Waiters you sponsor must complete the tasks of the ANZSCO occupation of ‘Waiter’ and certain duties as outlined under the Restaurant Industry Award 2010 including:

• setting and arranging tables
• taking reservations, greeting customers and presenting them with menus and beverage lists
• recommending dishes and wines to complement food (particularly in fine-dining establishments)
• taking orders and relaying them to kitchen and bar staff
• serving food and beverages
• opening bottles and pouring beverages including mixing liquor and assisting in the cellar
• clearing tables and returning dishes and cutlery to the kitchen
• removing empty bottles and used glasses from tables, and refilling and replacing glasses
• collecting payments for sales and operating point of sales machines and cash registers

The above duties may be varied, or expanded, where overseas workers perform specialised waiter duties as part of their employment with you. Currently, ANZSCO lists five specialisations for the Waiter occupation: Drink Waiter, Formal Service Waiter, Silver Service Waiter, Sommelier, and Wine Steward. Any of these five specialised roles are acceptable.