Restaurant (premium dining) Labour Agreement
The Restaurant (premium dining) Industry Labour Agreement lets you sponsor skilled overseas workers in Australian premium quality dining restaurants as cooks, chefs, café or restaurant managers and trade waiters for periods of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable.
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 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.
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.
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)
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.
Skilled overseas workers sponsored for a Temporary Skill Shortage visa (subclass 482) visa, must achieve:
- an overall score of at least IELTS 5.0 (or equivalent)
- no less than IELTS 4.5 for listening and speaking components (or equivalent) and
- no less than IELTS 4.0 for reading and writing components (or equivalent).
Skilled overseas workers sponsored for an Employer Nominated Scheme visa (subclass 186) must meet standard visa program requirements.
Skills, qualifications and experience
Chefs, Cooks and Café or Restaurant Managers you sponsor must meet the skills, qualifications and experience requirements of the Temporary Skill Shortage visa (subclass 482)* for that occupation.
Trade Waiters you sponsor must meet the skills, qualifications and experience requirements of the Temporary Skill Shortage visa (subclass 482)* as below:
- an Australian Qualifications Framework (AQF) Certificate III in Hospitality (Restaurant Front of House), or equivalent qualification as assessed by a registered training organisation (RTO), and at least 12 months relevant work experience (Note: 12 months relevant work experience is additional to job placements during course of study) OR
- at least 18 months’ relevant work experience in Australia on a temporary visa OR
- at least two (2) years relevant experience
SESR visa applicants must meet the skill requirements outlined above with the exception that they must have a minimum of two (2) years relevant work experience.
* ENS visa applicants must meet the skill requirements outlined above with the exception that They must have a minimum of three (3) years full-time relevant work experience in Australia and in the nominated occupation as specified in this labour agreement.
You must meet the salary requirements in place for the following programs:
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional visa (subclass 494)
- Employer Nominated Scheme visa (subclass 186)