Potential migrants may use migration services for help with:

• immigration advice and assistance
• preparing and lodging visa applications
• representation as an intermediary during visa processing.

Businesses providing migration services often employ:

• migration agents
• support staff to do administrative and clerical style work.

Migration agents must be registered. They must have certain qualifications such as a Graduate Diploma in Migration Law. To become registered they must meet certain conditions and pass an assessment.

Industry award coverage

The Legal Services Award can cover migration services employees if:

• the employer’s main business activity is in the legal services industry
• there's a classification which matches the employee’s duties and qualifications.

The Legal Services Award won’t cover a migration agent who is a qualified immigration lawyer because practising lawyers aren’t covered by the award.

For more information see Who the Legal Services Award covers.

Example

Mishkat is a registered migration agent.

She works for a law firm. Mishkat gives advice to clients about visas and assists them in lodging visa applications.

Mishkat isn’t a qualified lawyer but has a Graduate Diploma. She runs her own migration files and liaises with other legal professionals on behalf of her clients.

Mishkat is classified as a Level 6 – Law Clerk.

Other migrations service support staff in a law firm covered by the Legal Services Award will be classified according to their role and duties.

No industry award coverage

Employees working in the migration services industry may work for a business specialising in migration services, or in a business based in another industry. When there’s no industry award covering a migration service business, the employee may be:

• covered by the Clerks Award
• covered by the Miscellaneous Award, or
• award free.

Clerks Award

A migration agent or migration services support staff with primarily administrative duties may be covered by the Clerks Award.

Example

Aaiyan is an executive assistant to a registered migration agent.

He works for an education and migration agency that assists immigrant university students. Aaiyan manages the migration agent’s diary, drafts tax invoices, manages documentation and takes messages from clients. He doesn’t provide migration advice to clients or help them complete paperwork.

Aaiyan holds a Certificate IV in Business. He’s classified under the Clerks Award as a Level 2.

This award will not cover a migration agent who provides specialised advice and assistance that goes beyond administrative tasks.

Miscellaneous Award

The Miscellaneous Award can cover migration services support staff who aren’t migration agents if:

• they’re not covered by an industry or occupational award
• they’re not a managerial or professional employee.

Under the Miscellaneous Award, an employee may be a professional employee if their role requires a degree qualification.

Migration services employees covered by the Miscellaneous Award will be classified based on their duties and their qualifications.

Award free employees

Migration agents and migration services support staff who aren’t covered by an industry or occupational award or the Miscellaneous Award are award free. For example, a migration services employee who is required by their employer to have a Bachelor of Laws along with the other qualifications for their position will be award free.

They’re entitled to the national minimum wage and the National Employment Standards.