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You are here: Home1 / Labour agreements
  • Labour agreements

    Labour agreements

Labour agreement

Labour agreements are formal arrangements negotiated between an employer and the Australian Government which lets an employer recruit an agreed number of skilled workers from outside Australia.

The agreement must:

  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers
  • specify the number of skilled workers needed from outside Australia
  • the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

You can use a template labour agreement if there is one for your industry or your worker’s occupation. If the template does not suit your needs it may be possible to negotiate an individual agreement.

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations and is typically valid for five years.

Labour agreements enable approved businesses to sponsor overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard temporary or permanent migration arrangements are not appropriate.

Labour agreements are developed between the Australian Government, represented by the Department, and employers. They are generally in effect for five years and might have additional terms and conditions, because labour agreements provide a variation to standard migration requirements.

Employers are required to have made recent, genuine efforts to recruit, employ or engage Australian citizens or Australian permanent residents. They are also required to consult or make genuine efforts to consult industry stakeholders, including relevant trade unions and peak industry bodies when developing their agreement. Labour agreements are the only migration pathway for semi-skilled labour.

There are four types of labour agreements:

  • company-specific
  • industry
  • designated area migration agreements (DAMA)
  • project agreements

Labour agreements are used for the Skills in Demand (subclass 482), Skilled Employer Sponsored Regional (subclass 494) and Employer Nomination Scheme (subclass 186) visas. Since December 2024, the age, English, skills and work experience requirements for labour agreement applicants are set in each agreement rather than fixed in the Migration Regulations, which gives employers more room to negotiate settings that suit their workforce.

Related:

  • 186 Visa Agreement stream
  • 494 Visa Labour Agreement stream
  • 482 Visa Labour Agreement stream
Is my business eligible for a labour agreement?
Company-specific labour agreements

Company-specific labour agreements

A company specific labour agreement is developed directly with an employer and will be considered only where a genuine skills or labour shortage for an occupation exists which is not already provided for in an industry labour agreement, or relevant project or designated area migration agreement. The terms and conditions of a company-specific agreement are considered on a case-by-case basis.

Industry labour agreements

Industry labour agreements

An industry labour agreement provides fixed terms and conditions agreed to by the Minister in consultation with key industry stakeholders, specific to an industry sector. An industry agreement might be considered if the Department has received a number of similar submissions from an industry and there is evidence of ongoing labour shortages within that industry. When an industry labour agreement is in place, no further concessions can be considered, other than the concessions written into the industry agreement.

Earlier versions of the industry program included these agreements:

  • fast food
  • restaurant (fine dining)
  • fishing
  • meat
  • on-hire
  • dairy
  • pork
  • snow sport
  • minister of religion.

The current industry templates are advertising, aged care, dairy, fishing, horticulture, meat, minister of religion, on-hire, pork and restaurant (premium dining). The fast food agreement closed to new agreements in 2017 (see the FAQ below). For industries without a current template, a company-specific agreement or a DAMA may be an option.

Designated area migration agreements

Designated area migration agreements

A designated area migration agreement (DAMA) provides flexibility for states, territories or regions to respond to their unique economic and labour market conditions through an agreement-based framework. Under the DAMA framework employers in areas experiencing skills and labour shortages can sponsor skilled and semi-skilled overseas workers. DAMAs are designed to ensure employers recruit Australians as a first priority and prioritise initiatives and strategies to facilitate the recruitment and retention of Australian workers.

Project agreements

Project agreements

Project agreements allow infrastructure or resource development projects experiencing genuine skills or labour shortages access to temporary skilled and specialised semi-skilled temporary overseas workers through the Skills in Demand (subclass 482) visa. Project agreements are designed to complement existing Australian Government initiatives to address skill and labour shortages by ensuring that shortages do not create constraints on major projects and jeopardise Australian jobs.

Project companies with projects endorsed by the Department of Foreign Affairs and Trade under the China-Australia Investment Facilitation Arrangement (IFA) can request a project agreement.

More Information

Labour Agreements

A Labour Agreement is a formal arrangement negotiated between an Australian industry group or employer and the Australian Government to recruit a specified number of skilled workers on a temporary or permanent basis over a number of years.

A Labour Agreement will only be considered if a genuine skills shortage exists but no suitably qualified or skilled Australians are readily available.

Typically a Labour Agreement is valid for five years.

A Labour Agreement may be appropriate if an employer has vacancies for occupations that are not on the Skilled Occupation List (SOL) where a genuine skills shortage exists, or for occupations not covered under the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

There are also special Labour Agreements for employers in the on-hire industry and meat industries.

What is the application process?

To nominate an overseas worker for a temporary or permanent visa under a Labour Agreement, the employer must be party to the Agreement. An employer can then nominate an overseas worker for:

  • A temporary Skills in Demand (subclass 482) visa.
  • A provisional Skilled Employer Sponsored Regional (subclass 494) visa, under the Labour Agreement stream.
  • A permanent Employer Nomination Scheme (subclass 186) visa, under the Labour Agreement stream.

If an employer and employee meet all the requirements of the relevant visa program and entry stream, there is a three-step application process:

Step 1. Employer requests access to a Labour Agreement and negotiates the conditions of the Agreement with the Department of Home Affairs.

Step 2. The employer nominates specific skilled workers to fill the positions detailed in the Labour Agreement.

Step 3. The employee applies for a temporary or permanent visa.

How to request a labour agreement

Labour agreement requests are lodged online through ImmiAccount. There is no fee to request an agreement, but the usual nomination fees and Skilling Australians Fund (SAF) levy apply to each nomination made under it. To be considered, the business generally needs to show:

  • it has been actively and lawfully trading in Australia for at least 12 months and is financially viable, usually supported by a statement from an accountant
  • a genuine need for the occupations requested, including ANZSCO codes and a description of the tasks for each role
  • labour market testing, showing recent attempts to recruit Australian citizens and permanent residents
  • evidence of consultation with relevant stakeholders, such as the industry body and relevant unions. Stakeholders are usually given 10 working days to respond, plus a further 5 working days after a follow-up. For most industry templates this step is not needed, but the aged care agreement requires a union MoU
  • a declaration about any retrenchments or redundancies in the previous 12 months

Once signed, an agreement usually runs for 5 years. Each agreement sets a ceiling on the number of nominations the business can make each year, and the employer must keep records for 7 years and report to the Department when asked.

Industry Specific Labour Agreements

Industry labour agreements are standard templates for industries with ongoing shortages. The terms are set in advance, so employers can usually get an agreement in place faster than a company-specific agreement. The current industry templates are: advertising, aged care, dairy, fishing, horticulture, meat, minister of religion, on-hire, pork and restaurant (premium dining).

All templates share these standard terms: the agreement runs for 5 years; 482 nominations can be for up to 4 years; employers must take reasonable steps to recruit Australians first and aim to keep overseas workers to no more than one third of the workforce; and workers must be given information about their workplace rights within 7 days of starting.

Industry labour agreements at a glance

Agreement Visas Path to PR Regional concessions
Restaurant (premium dining) 482, 494, 186 186 after 2 or 3 years No salary concession
Fishing 482, 494, 186 186 after 3 years 90% CSIT in Category 3, age under 55
Meat 482, 494, 186 186 after 3 years 90% CSIT in Category 3, age under 55
On-hire 482 only No None
Dairy 482, 494, 186 186 after 3 years 90% CSIT in Category 3, age under 55
Pork 482, 494, 186 186 after 3 years 90% CSIT in Category 3, age under 55
Minister of religion 482, 186 186 after 2 years (where included) Not regional based

Regional categories used in labour agreements

Several industry agreements give extra concessions depending on where the business is located:

  • Category 1: Sydney, Melbourne and Brisbane. Standard settings generally apply
  • Category 2: major regional centres, such as Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle, Wollongong, Geelong, Hobart and Canberra. Access to the 494 visa, age concessions and some English concessions
  • Category 3: all other regional areas. The same as Category 2, plus a salary concession of 90% of the CSIT and lighter labour market testing

Check your postcode on our regional postcodes page.

186 visa assess 494 visa assess 482 visa assess Employer sponsored visa assess (AU) Corporate immigration solutions

Fast food industry labour agreement (closed)

The fast food industry labour agreement started in 2012 and closed to new agreements on 2 March 2017. Around 193 visas were granted under it. Agreements approved before then could continue until they expired, but no new fast food industry agreements are being made.

Options for fast food businesses now

  • a company-specific labour agreement, where the business can show a genuine ongoing need that the standard sponsorship program does not meet
  • a Designated Area Migration Agreement (DAMA), if the business is in a DAMA region that covers hospitality roles
  • standard sponsorship through the Skills in Demand (482) or 494 visa, where the role and occupation are eligible, for example cafe or restaurant manager

Contact us to discuss which option suits your business.

Why the fast food agreement closed

The agreement was set up to help fast food businesses fill supervisor and manager roles that were hard to recruit for locally. It was closed as part of the 2017 changes to the employer sponsored program, when the Government tightened access to semi-skilled roles and replaced the 457 visa. Fast food roles such as crew members are not skilled occupations, and supervisor roles in franchised outlets were seen as roles that should generally be filled from the local labour market.

Company-specific agreements for hospitality businesses

A company-specific labour agreement can still be negotiated where a business has a genuine, ongoing need that cannot be met through standard sponsorship. The business needs to show strong evidence of recruitment attempts, its training of Australians, and why the roles cannot be filled locally. These agreements take longer to negotiate than industry templates, and the Department expects stakeholder and union consultation.

Common questions

Can I still sponsor a fast food store manager?
Possibly, through the standard 482 or 494 if the role genuinely meets the cafe or restaurant manager occupation and the business meets the sponsorship requirements.

Do fast food businesses in regional areas have more options?
Yes. Some DAMA regions include hospitality occupations with concessions on English, salary or age.

Restaurant (premium dining) industry labour agreement

The restaurant (premium dining) industry labour agreement, previously known as the restaurant (fine dining) agreement, helps premium restaurants employ experienced overseas chefs, cooks, managers and front of house staff where suitable Australian workers are not available. A premium dining restaurant must have annual revenue of at least $2 million and must not be a franchise.

Key settings

Visas available: Skills in Demand (482), Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186).

Occupations:

Occupation ANZSCO
Chef 351311
Cook 351411
Café or Restaurant Manager 141111
Trade Waiter (including sommelier and maître d’) 070499

Skills and experience:

  • Chef, Cook and Café or Restaurant Manager: the standard ANZSCO skill requirements apply
  • Trade Waiter: one of a Certificate III in Hospitality (Restaurant Front of House) plus 12 months’ relevant experience, 18 months’ relevant experience in Australia on a temporary visa, or 2 years’ relevant experience
  • 494: at least 2 years’ relevant experience. 186: at least 3 years’ full-time work in the occupation in Australia

English: 482 and 494 applicants need an overall IELTS score of 5.0 (or equivalent), with at least 4.5 in listening and speaking and at least 4.0 in reading and writing. Standard English requirements apply for the 186.

Salary: no salary concession. Workers must be paid at least the Core Skills Income Threshold (CSIT, formerly TSMIT), currently $79,423, and no less than an Australian doing the same work.

Age: 494 and 186 applicants must be under 55 when they apply.

Pathway to permanent residency: 186 after 2 years on a 482 (or 457) visa for chefs and cooks, and after 3 years for managers and trade waiters.

Other key settings: at least 2 recruitment attempts in the 6 months before nominating, one of them national; positions must be full time, ongoing and available for at least 2 years; workers must be employed directly (no labour hire) and must not be charged any fees; the Department must be told within 30 days if the business no longer meets the premium dining definition.

How to request a restaurant (premium dining) labour agreement

Requests are made through ImmiAccount, with evidence of the restaurant’s revenue and premium dining status, labour market testing, stakeholder consultation and the positions requested. See our restaurant (premium dining) labour agreement page for more detail.

Employer obligations under the restaurant (premium dining) labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the restaurant (premium dining) labour agreement

  1. Check that the business and the roles fit the restaurant (premium dining) template, including any location or business size requirements. The restaurant must have annual revenue of at least $2 million and must not be a franchise
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Can a cafe or casual restaurant use this agreement?
Only if it meets the premium dining definition. Cafes, takeaways and franchise outlets generally cannot. Other options include a DAMA or a company-specific agreement.

Can trade waiters get permanent residency?
Yes, through the 186 after 3 years on a 482 with the sponsor, provided the other requirements are met.

Can workers be placed through a labour hire company?
No. Workers must be employed directly by the restaurant.

Fishing industry labour agreement

The fishing industry labour agreement allows commercial fishing businesses to sponsor skilled and semi-skilled overseas workers for deck, fishing, engineering and vessel command roles, and seafood processing in regional areas.

Key settings

Visas available: Skills in Demand (482), Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186).

Occupations:

Occupation ANZSCO
Deck Hand 899211
Fishing Hand 899212
Master Fisher 231211
Ship’s Engineer (Fishing Industry) 070499
Ship’s Master 231213
Ship’s Officer 231214
Seafood Process Worker (regional Categories 2 and 3 only) 831313

Skills and experience:

  • Deck Hands and Fishing Hands (482): 2 years’ recent experience overseas or 1 year in Australia, shown by a sea time or log book, plus STCW 1978 safety and rescue certificates and a current first aid certificate
  • Other occupations: standard ANZSCO skill requirements
  • 494: at least 2 years’ experience. 186: at least 3 years’ full-time work in Australia

English:

  • Deck Hands and Fishing Hands: 482 needs IELTS 4.5 overall (or 4.5 in speaking and listening), 494 needs 5.0 overall, and 186 needs 5.0 overall with at least 4.5 in each component
  • Other occupations: 5.0 overall with at least 4.5 in each component in metropolitan areas (Category 1). In regional areas (Categories 2 and 3), 5.0 overall with no component minimums for 482 and 494. 186 needs 5.0 overall with at least 4.5 in each component
  • English concessions depend on the employer providing interpreters at induction, bilingual safety signs, training materials and English tuition

Salary: at least the Core Skills Income Threshold (CSIT, formerly TSMIT), currently $79,423, in Categories 1 and 2. In Category 3 regional areas, at least 90% of the CSIT. Pay must also be no less than an Australian worker’s share of the catch.

Age: 494 and 186 applicants in regional Categories 2 and 3 must be under 55. Standard age requirements apply in Category 1.

Pathway to permanent residency: 186 after 3 years of full-time work with the sponsor on a 482 (or 457) visa.

Labour market testing: standard requirements in Category 1. Category 2 needs 2 national recruitment attempts within 12 months, and Category 3 needs 2 attempts, one of them national.

Other key settings: a signed employment contract must be provided with each nomination, and any labour hire provider used must be licensed.

How to request a fishing industry labour agreement

Requests are made through ImmiAccount with evidence of the business, labour market testing, stakeholder consultation and the positions requested. See our fishing industry labour agreement page for more detail.

Employer obligations under the fishing industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the fishing industry labour agreement

  1. Check that the business and the roles fit the fishing industry template, including any location or business size requirements. Confirm which regional category the business is in, as the English, salary and labour market testing settings differ by category
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Are deck hands and fishing hands eligible?
Yes. These semi-skilled roles are only available through the fishing industry agreement, with experience shown by a sea time or log book.

Do the regional concessions apply everywhere?
No. The 90% salary concession applies in Category 3 regional areas, and the age and some English concessions apply in Categories 2 and 3.

Can seafood process workers be sponsored?
Yes, but only in regional Categories 2 and 3.

Meat industry labour agreement

The meat industry labour agreement helps meat processing businesses employ skilled meat workers from overseas. It does not allow workers to be placed in unskilled labouring roles.

Key settings

Visas available: Skills in Demand (482), Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186).

Occupation: Skilled Meat Worker (ANZSCO 070499), covering slaughterer, meat boner and slicer duties.

Skills and experience (482): assessed by a MINTRAC-registered assessor as skilled to at least Certificate III in meat processing, plus one of: 2 years’ skilled experience at an acceptable meat processing establishment, at least 9 months on a 482 (or 457) visa at an acceptable Australian establishment, or 1 year in Australia on another temporary visa. 494 (regional Categories 2 and 3) needs 2 years’ experience and 186 needs 3 years’ full-time work in Australia.

English: IELTS 5.0 overall with no component minimums for the 482 and 494. The same for the 186, or functional English for some earlier 457 holders.

Salary: at least the Core Skills Income Threshold (CSIT, formerly TSMIT), currently $79,423, in Categories 1 and 2, and at least 90% of the CSIT in Category 3 regional areas. Employment must be full time, with pay topped up if an equivalent Australian worker earns more.

Age: 494 and 186 applicants in Categories 2 and 3 must be under 55.

Pathway to permanent residency: 186 after 3 years with the sponsor on a 482 (or 457) visa.

Labour market testing: standard requirements in Category 1, and 2 recruitment attempts (one national) in Categories 2 and 3.

Other key settings: induction training on arrival; skills assessments are recorded on video; identity checks within 2 days of arrival; recruitment, English testing and training costs cannot be recovered from workers; deductions from pay only under an approved deductions plan.

How to request a meat industry labour agreement

Requests are made through ImmiAccount with evidence of the business, labour market testing, stakeholder consultation and the positions requested. See our meat industry labour agreement page for more detail.

Employer obligations under the meat industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the meat industry labour agreement

  1. Check that the business and the roles fit the meat industry template, including any location or business size requirements. Arrange skills assessment through a MINTRAC-registered assessor
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Can skilled meat workers apply for permanent residency?
Yes, through the 186 after 3 years with the sponsor on a 482 visa, if they meet the English and other requirements.

Can workers be moved into labouring roles?
No. Workers must be employed as skilled meat workers, not as unskilled labourers.

Who pays for recruitment and English testing?
The employer. These costs cannot be recovered from the worker.

On-hire industry labour agreement

The on-hire industry labour agreement lets labour hire businesses sponsor skilled overseas workers and place them with client businesses, where they are not able to find suitable Australian workers.

Key settings

Visas available: Skills in Demand (482) only. There is no pathway to permanent residency under this agreement.

Occupations: occupations on the Core Skills Occupation List (CSOL) at the time of nomination, subject to any caveats.

Skills and experience: at least 2 years’ relevant work experience, plus the ANZSCO skill requirements for the occupation.

English: no concessions. Standard English requirements apply.

Salary: at least 20% above the CSIT (currently $79,423) for a 38-hour week, and no less than an Australian worker doing the same job.

Other key settings: labour market testing evidence with every nomination; the on-hire business employs and pays the worker directly; workers cannot be left unpaid between placements (“benching”) without the Department’s agreement; unpaid leave of up to 60 days is possible after contacting the Department; contracts with client businesses must be kept and must not conflict with the agreement.

How to request an on-hire industry labour agreement

Requests are made through ImmiAccount with evidence of the business, labour market testing, stakeholder consultation and the positions requested. See our on-hire labour agreement page for more detail.

Employer obligations under the on-hire industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the on-hire industry labour agreement

  1. Check that the business and the roles fit the on-hire industry template, including any location or business size requirements. The business must be a genuine on-hire (labour hire) business that places workers with clients
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Is there a pathway to permanent residency?
Not under this agreement. Workers may be able to move to permanent residency later through another employer or visa.

Which occupations can be sponsored?
Occupations on the Core Skills Occupation List at the time of nomination, subject to caveats.

What happens between placements?
Workers must continue to be paid. Unpaid “benching” is not allowed without the Department agreeing to it.

Dairy industry labour agreement

The dairy industry labour agreement helps dairy farms employ experienced overseas farm workers, with extra concessions for regional farms.

Key settings

Visas available: Skills in Demand (482), Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186).

Occupations:

Occupation ANZSCO
Senior Dairy Cattle Farm Worker 070499
Dairy Cattle Farm Operator 070499

Skills and experience: Senior Dairy Cattle Farm Worker needs a Certificate III plus 2 years’ experience, or 3 years’ experience. Dairy Cattle Farm Operator needs a Certificate II or III, or 1 year’s experience for the 482 (2 years for the 494). 186 needs 3 years’ full-time work in Australia.

English: in Category 1 areas, 482 needs IELTS 5.0 overall with at least 4.0 in each component. In Categories 2 and 3, 482 and 494 need 5.0 overall with no component minimums. 186 needs 5.0 overall with at least 4.5 in each component.

Salary: at least the Core Skills Income Threshold (CSIT, formerly TSMIT), currently $79,423, in Categories 1 and 2, and at least 90% of the CSIT in Category 3. Full time means 38 hours a week, or between 32 and 45 hours under the relevant award.

Age: 494 and 186 applicants in Categories 2 and 3 must be under 55.

Pathway to permanent residency: 186 after 3 years with the sponsor on a 482 (or 457) visa.

Labour market testing: standard requirements in Category 1, and 2 recruitment attempts within 12 months (one national) in Categories 2 and 3.

Other key settings: employers must support training in the business or the wider dairy industry.

How to request a dairy industry labour agreement

Requests are made through ImmiAccount with evidence of the business, labour market testing, stakeholder consultation and the positions requested. See our dairy industry labour agreement page for more detail.

Employer obligations under the dairy industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the dairy industry labour agreement

  1. Check that the business and the roles fit the dairy industry template, including any location or business size requirements. Confirm the farm location and its regional category
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Can dairy farm workers get permanent residency?
Yes, through the 186 after 3 years with the sponsor on a 482 visa, provided the English and other requirements are met.

Is there a salary concession?
Yes, in Category 3 regional areas the salary can be 90% of the CSIT.

What hours count as full time?
38 hours a week, or between 32 and 45 hours a week where the relevant award allows.

Pork industry labour agreement

The pork industry labour agreement helps piggeries employ experienced senior stockpersons from overseas.

Key settings

Visas available: Skills in Demand (482), Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186).

Occupation: Senior Stockperson (Piggery) (ANZSCO 070499).

Skills and experience (482): one of a Certificate III in Agriculture (Pig Production) plus 3 years’ experience in a medium to large commercial piggery, 5 years’ relevant experience, or the Certificate III plus 18 months’ experience in Australia. 494 and 186 applicants need the same, plus at least 3 years’ full-time experience.

English: where the standard requirement cannot be met, IELTS 5.0 overall with at least 4.5 in each component, for all three visas.

Salary: at least the Core Skills Income Threshold (CSIT, formerly TSMIT), currently $79,423, in Categories 1 and 2, and at least 90% of the CSIT in Category 3.

Age: 494 and 186 applicants in Categories 2 and 3 must be under 55.

Pathway to permanent residency: 186 after 3 years with the sponsor on a 482 (or 457) visa.

Labour market testing: standard requirements in Category 1, 2 national recruitment attempts within 12 months in Category 2, and 2 attempts within 12 months (one national) in Category 3.

How to request a pork industry labour agreement

Requests are made through ImmiAccount with evidence of the business, labour market testing, stakeholder consultation and the positions requested. See our pork industry labour agreement page for more detail.

Employer obligations under the pork industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the pork industry labour agreement

  1. Check that the business and the roles fit the pork industry template, including any location or business size requirements. Confirm the piggery is a medium to large commercial operation
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

What experience does a senior stockperson need?
A Certificate III in Agriculture (Pig Production) with 3 years’ experience, 5 years’ experience, or the Certificate III with 18 months’ experience in Australia.

Is there an age concession?
Yes, 494 and 186 applicants in regional Categories 2 and 3 must be under 55.

Can stockpersons get permanent residency?
Yes, through the 186 after 3 years with the sponsor on a 482 visa.

Snow sport industry labour agreement (no longer available)

The snow sport industry labour agreement started in 2010 and allowed ski and snowboard schools to sponsor overseas instructors for the Australian snow season. Over 1,200 visas were granted under it by 2017, and it allowed instructors to work fewer than 38 hours a week if their hourly rate was equivalent to the income threshold. It is no longer offered as an industry template.

Options for snow sport businesses now

  • a company-specific labour agreement, where the business can show a genuine ongoing need
  • a DAMA, where the region is covered
  • short-term options such as the Temporary Activity (408) or Working Holiday visas, depending on the role and the worker

Contact us to discuss your situation.

What the snow sport agreement covered

The agreement let ski and snowboard schools at Australian alpine resorts sponsor qualified instructors for the winter season, usually holders of recognised instructor qualifications such as APSI level 1 or higher. Because the work is seasonal and often part time, it allowed instructors to work fewer than 38 hours a week provided their hourly rate matched the income threshold.

Why it is no longer offered

The agreement does not appear in the current list of industry templates, and there is no current template for snow sport instructors. Snow sport businesses now need to look at other options to bring in overseas instructors for the season.

Common questions

Can ski instructors come on a working holiday visa?
Yes, eligible working holiday makers can work as instructors, subject to the visa conditions.

Is the Temporary Activity (408) visa an option?
In some cases, for example for invited participants in specific programs or events. It depends on the role and the arrangement.

Minister of religion labour agreement

The minister of religion labour agreement allows religious organisations to sponsor ministers of religion and religious assistants from overseas.

Key settings

Visas available: Skills in Demand (482) and Employer Nomination Scheme (186) (no 494).

Occupations:

Occupation ANZSCO
Minister of Religion (including bishops and equivalent senior ministers) 272211
Religious Assistant 451816

Skills and experience: ministers must be ordained (or have taken a profession to religious life) and hold a bachelor degree, or have 5 years’ structured religious training or 5 years’ work in the role. Religious assistants need a Certificate II or III, or 2 years’ training, or 2 years’ work. For direct entry to the 186 for the most senior minister (for example an archbishop), at least 5 years since ordination and a postgraduate qualification or equivalent where available.

English: no English requirement for cloistered or monastic roles. Otherwise, 482 needs IELTS of at least 4.0 in listening and speaking, and 186 needs 4.5 overall with at least 4.0 in each component. 5 years of full-time study taught in English can be accepted instead.

Salary: standard thresholds, with non-monetary benefits counting for up to 10%, or a reduced threshold equal to the national minimum wage. Ministers who have taken a vow of poverty or service are treated as meeting the salary requirement.

Age: 186 applicants can be up to 60.

Pathway to permanent residency: where it is included in the agreement, 186 after 2 years in the occupation on a 482 (or 457) visa, plus direct entry for the most senior position.

Other key settings: positions must be full time, with pay equal to an equivalent Australian. Employers must take reasonable steps to recruit in Australia first. Ministers of religion and religious assistants nominated under this agreement are exempt from the SAF levy.

How to request a minister of religion labour agreement

Requests are made through ImmiAccount with evidence about the organisation, the positions requested and stakeholder consultation. See our minister of religion labour agreement page for more detail.

Employer obligations under the minister of religion labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. Under the standard industry template, the employer agrees to:

  • take reasonable steps to recruit Australian citizens and permanent residents before nominating an overseas worker
  • aim to keep overseas workers to no more than one third of the workforce in the business
  • pay overseas workers at least the agreed salary, and no less than Australians doing the same work in the same location
  • give each overseas worker information about their workplace rights within 7 days of starting
  • not recover recruitment or sponsorship costs from overseas workers
  • keep records for 7 years and provide reports to the Department within 30 days of a request
  • tell the Department about changes to the business that affect the agreement

The agreement usually runs for 5 years and may be reviewed after 3 years. Breaching it can lead to the agreement being cancelled, a bar on sponsoring, or fines.

Steps to sponsor a worker under the minister of religion labour agreement

  1. Check that the business and the roles fit the minister of religion template, including any location or business size requirements. The organisation must be a genuine religious institution
  2. Carry out labour market testing and keep copies of the advertisements and the results
  3. Consult the relevant industry body and unions, and keep a record of the consultation
  4. Lodge the labour agreement request in ImmiAccount with financial and business evidence
  5. Once the agreement is signed, lodge a nomination for each position and pay the nomination fee and the SAF levy
  6. The worker then lodges their 482, 494 or 186 visa application under the labour agreement stream

Common questions

Do ministers need to meet an English requirement?
Not for cloistered or monastic roles. Other ministers and religious assistants have reduced English requirements under the agreement.

Does the employer pay the SAF levy?
No. Ministers of religion and religious assistants nominated under this agreement are exempt.

What if a minister has taken a vow of poverty?
They are treated as meeting the salary requirement.

Advertising industry labour agreement

The advertising industry labour agreement was developed with the Media Federation of Australia (MFA) and the Advertising Council Australia (ACA). It helps advertising and media agencies sponsor experienced creative and digital specialists from overseas.

Key settings

Visas available: Skills in Demand (482) for up to 4 years and Employer Nomination Scheme (186). The 494 is not available.

Occupations:

Occupation ANZSCO
Advertising Specialist 225111
Graphic Designer 232411
Copywriter 212411
Multimedia Designer 232413
Web Developer 261212

Skills and experience: the ANZSCO skill requirements for the occupation plus at least 3 years of directly relevant work experience, for both the 482 and the 186.

English: no concessions. Standard English requirements apply for the 482 and the 186.

Salary: guaranteed annual earnings of at least $85,000, as well as the CSIT (currently $79,423) and the market salary rate.

Age: no age concession. 186 applicants must be under 45.

Pathway to permanent residency: 186 after at least 3 years working in the nominated occupation on a 482 (or 457) visa.

Other key settings: labour market testing with every nomination; employers aim for a workforce that is at least 75% Australian; overseas workers contribute to recognised industry training programs; workers must hold any licence or registration their role needs and must not be charged fees.

How to request an advertising industry labour agreement

The business must be a member of the MFA or ACA and be endorsed by them before lodging the request in ImmiAccount with labour market testing evidence. See our advertising industry labour agreement page for more detail.

Employer obligations under the advertising industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. The employer must pay overseas workers at least the agreed salary and no less than Australians doing the same work, give them information about their workplace rights within 7 days of starting, not charge them recruitment or sponsorship costs, keep records for 7 years and report to the Department when asked. The agreement usually runs for 5 years.

Common questions

Do we need to be an industry member?
Yes. Only MFA or ACA members endorsed by those bodies can access this agreement.

Is there a salary floor above the CSIT?
Yes, guaranteed annual earnings must be at least $85,000.

Aged care industry labour agreement

The aged care industry labour agreement helps aged care providers sponsor direct care workers from overseas. It is the only industry agreement that requires a memorandum of understanding (MoU) with the relevant unions before it can be accessed.

Key settings

Visas available: Skills in Demand (482) for up to 4 years and Employer Nomination Scheme (186).

Occupations:

Occupation ANZSCO
Nursing Support Worker 423312
Personal Care Assistant 423313
Aged or Disabled Carer 423111

Registered and enrolled nurses are not covered, and disability-only providers cannot use this agreement.

Skills and experience: for the 482, an AQF Certificate III or higher in a relevant field, or 12 months of relevant full-time experience. A skills assessment is needed for overseas qualifications or where experience is used instead of a qualification. For the 186, a Certificate III plus 2 years of full-time direct care work in Australia.

English: for the 482, IELTS 5.0 overall with at least 5.0 in speaking and listening and 4.5 in reading and writing. Providers serving culturally and linguistically diverse communities can access IELTS 4.5 overall where the worker speaks the community language. For the 186, IELTS 5.5 overall.

Salary: full-time employment at the higher of the guaranteed annual earnings set in the agreement or the market salary rate. The aged care agreement has a significantly lower salary floor than the standard CSIT.

Age: no age concession. Standard 186 age requirements apply.

Pathway to permanent residency: 186 after 2 years of full-time direct care experience in Australia.

Union MoU: the provider must sign an MoU with the relevant unions (such as the ANMF, HSU and UWU). It usually covers having an enterprise agreement in place, passing on aged care pay increases, offering extra hours and predictable rosters, paid union induction, and training in paid time.

Other key settings: labour market testing is generally treated as met through the MoU process, and nominations and visas under the agreement are usually given priority processing. The SAF levy applies.

How to request an aged care industry labour agreement

First negotiate the MoU with the relevant union or unions, then lodge the request in ImmiAccount with the MoU attached. Once approved, nominations can be lodged. See our aged care industry labour agreement page for more detail.

Employer obligations under the aged care industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. The employer must pay overseas workers at least the agreed salary and no less than Australians doing the same work, give them information about their workplace rights within 7 days of starting, not charge them recruitment or sponsorship costs, keep records for 7 years and report to the Department when asked. The agreement usually runs for 5 years.

Common questions

Can we sponsor registered nurses under this agreement?
No. Registered and enrolled nurses are sponsored through standard pathways such as the 482 or 186.

How long does the union MoU take?
It depends on the union and the provider. Allow several weeks for the negotiation before lodging the request.

Horticulture industry labour agreement

The horticulture industry labour agreement helps growers, packers and related businesses sponsor overseas workers for a wide range of skilled and semi-skilled roles, with concessions for regional areas.

Key settings

Visas available: Skills in Demand (482) for up to 4 years, Skilled Employer Sponsored Regional (494) and Employer Nomination Scheme (186). The 494 is not available for the lowest skill level occupations.

Occupations: 31 occupations, including:

  • Agricultural roles such as Agriculture Technician (321212), Agronomist (234112), Entomologist (234518) and Nurseryperson (362411)
  • Management roles such as Facility Plant Manager (149913), Quality Assurance Manager (139914), Horticulture Farm Manager and Cold Storage Manager
  • Trade and technical roles such as Mechanic (321211), Fitter and Welder (323213), Maintenance Electrician (341111) and Irrigation Designer
  • Operator roles such as Fork Lift Driver (721311), Mobile Plant Operator (721111), Truck Driver (733111) and Irrigationist
  • Grower and supervisor roles such as Horticulture Grower, Production Horticulturist, Protected Cropping Grower and Section Supervisor

Skills and experience: occupations on the standard list follow the usual skill requirements, and the 494 needs at least 2 years’ experience. Other occupations need a VETASSESS skills assessment and at least 2 years’ experience, with qualification or experience tiers set for each role.

English: for the 482, IELTS 5.0 overall with no component below 4.0. For the 494 and 186, IELTS 5.0 overall with no component below 4.5.

Salary: at least 90% of the CSIT (about $71,481 based on $79,423). Some guaranteed non-cash benefits, such as accommodation, can count towards earnings. Employment must be full time, and pay must be topped up if an equivalent Australian earns more.

Age: 494 and 186 applicants must be under 50 when they apply.

Pathway to permanent residency: 186 after 3 or 4 years with the sponsor on a 482 (or 457) visa, depending on the skill level of the occupation. 494 holders may be able to move to the 191 after 3 years.

Labour market testing: standard requirements in Category 1, 2 national recruitment attempts within 12 months in Category 2, and 2 attempts (one national) in Category 3.

Other key settings: recruitment, English testing and training costs cannot be recovered from workers; accommodation is optional and must be charged at market rate; wages must be paid into an Australian bank account; any labour hire provider must be licensed; employers aim to keep overseas workers to no more than one third of the workforce.

How to request a horticulture industry labour agreement

Requests are lodged in ImmiAccount on the template terms, followed by nominations and visa applications once the agreement is signed.

Employer obligations under the horticulture industry labour agreement

Signing a labour agreement brings obligations on top of the usual sponsorship obligations. The employer must pay overseas workers at least the agreed salary and no less than Australians doing the same work, give them information about their workplace rights within 7 days of starting, not charge them recruitment or sponsorship costs, keep records for 7 years and report to the Department when asked. The agreement usually runs for 5 years.

Common questions

Can fruit pickers be sponsored?
Not as general farm hands. The agreement covers specific skilled and semi-skilled roles such as growers, supervisors, operators and drivers.

Is accommodation required?
No, but if the employer provides it, it must be charged at market rate.

More info on Industry specific Labour Agreements

VisaEnvoy-dairy-industry-labour-agreement

VisaEnvoy-on-hire-labour-agreement-information-booklet-september

Labour agreement FAQs

What is the difference between a labour agreement and standard sponsorship?
Standard sponsorship lets an approved standard business sponsor nominate workers in occupations on the relevant occupation list, under the normal salary, English, age and experience settings. A labour agreement is a formal agreement with the Australian Government that can allow occupations not on the standard lists, and concessions on English, salary, age or experience, where the business shows a genuine need that standard sponsorship does not meet.

Which type of labour agreement should we choose?
If there is an industry template for your industry, it is usually the quickest option because the terms are already set. If your business is in a region covered by a Designated Area Migration Agreement (DAMA), that may offer wider occupations and concessions. A company-specific agreement is for businesses with a genuine, ongoing need that neither an industry template nor a DAMA covers. Project agreements are for large infrastructure and resource projects.

How long does it take to get a labour agreement?
Industry template agreements usually take a few months from lodging the request, depending on the evidence provided and the Department’s workload. Company-specific agreements usually take longer because the terms have to be negotiated, and stakeholder consultation can add several weeks.

Can a labour agreement lead to permanent residency?
Most industry agreements include a pathway to the 186 visa after a set period working for the sponsor, usually 2 to 3 years. Some regional agreements also give access to the 494 visa. The on-hire agreement has no pathway to permanent residency.

Do workers under a labour agreement need a skills assessment?
It depends on the agreement and the occupation. Some agreements set their own skill requirements, such as a MINTRAC assessment for meat workers or a VETASSESS assessment for some horticulture roles. Others follow the standard ANZSCO requirements.

Are English concessions available?
Many industry agreements accept lower English scores than standard sponsorship, often IELTS 5.0 overall or lower for specific roles, and some regional agreements have further concessions. A few agreements, such as on-hire and advertising, have no English concessions.

What salary must be paid under a labour agreement?
Most agreements require at least the Core Skills Income Threshold (CSIT), currently $79,423, and no less than an Australian doing the same work. Some agreements have concessions, such as 90% of the CSIT in Category 3 regional areas, while others set a higher floor, such as the on-hire agreement (20% above the CSIT) and the advertising agreement ($85,000).

Can an employer recover sponsorship costs from the worker?
No. It is unlawful for a sponsor to recover sponsorship, nomination or recruitment costs from a sponsored worker, and labour agreements also prohibit charging workers recruitment, English testing or training costs.

What happens if we breach a labour agreement?
The Department can cancel the agreement, bar the business from sponsoring, issue infringement notices or seek civil penalties. Breaches can also affect the visas of workers sponsored under the agreement.

Can VisaEnvoy help with a labour agreement request?
Yes. Our registered migration agents can assess which agreement suits your business, prepare the request and supporting evidence, manage stakeholder consultation and lodge the nominations and visa applications. Complete our corporate assessment form or contact us to get started.

Employer sponsored visa guides

  • Skills in Demand 482 visa
  • 482 Core Skills stream
  • 482 Specialist Skills stream
  • 482 visa fees
  • 482 visa path to PR
  • Employer Nomination Scheme (186 visa)
  • Regional employer sponsored (494 visa)
  • Becoming a standard business sponsor
  • Skilling Australians Fund (SAF) levy
  • Labour agreements
  • Designated Area Migration Agreements (DAMA)
  • Employer sponsorship assessment

List of current labour agreements

The Department of Home Affairs publishes a list of current labour agreements. Contact us to check whether an agreement already covers your industry or region.

Labour agreement changes

Background (2018): When the TSS visa started in March 2018, the Department progressed changes to existing labour agreement templates to cater for the Temporary Skill Shortage (TSS) program – including:

  • revised agreements have now been sent out to fishing industry labour agreement holders for signature and will be sent out to existing company specific labour agreement holders shortly
  • remaining labour agreement sponsors will be contacted between late January and mid-February to sign new agreements where required in order to facilitate further nomination applications being lodged where approved ceilings remain available.

Note: further discussions are planned with representatives from the dairy, snow, hospitality and meat industries regarding their labour agreement templates. Interim amendments will, however, be made to existing agreements in the meantime to avoid any negative impacts on businesses as a result of the March 2018 changes – given the short time frames available.

Recent changes to labour agreements

  • 1 July 2026: the Core Skills Income Threshold (CSIT) increased to $79,423. The 90% regional concession in Category 3 areas is calculated from this figure.
  • 14 December 2024: changes to the Migration Regulations mean the age, English, skills and experience requirements for 482, 494 and 186 labour agreement applicants are now set by each agreement. This includes replacing the under-45 age limit for the 494. Agreements made before the change continue under their existing terms.
  • 7 December 2024: the Skills in Demand (482) visa replaced the TSS. Labour agreements now use 482 nominations of up to 4 years, and the CSIT in place of the TSMIT.

New regional concessions for the dairy, fishing, meat and pork industry labour agreements

From 1 November 2021, new regional concessions became available for the dairy, fishing, meat and pork industry labour agreements. These support businesses in regional Australia to address critical skills shortages.

The following new concessions are available for businesses based in Category 2 and Category 3 regional locations:

  • Additional work experience concessions. These reduce the level of work experience needed to meet the relevant visa criterion.
  • Additional English language concessions. These reduce test score requirements for visa applicants sponsored by businesses.
  • Additional flexibility around Labour Market Testing for Category 2 and 3 located businesses. Previously, advertising had to be undertaken within four months of nomination to fill a position with a skilled worker. This was increased to 12 months. Category 3 businesses also have reduced evidentiary requirements.
  • An additional salary concession. This consists of a 10% reduction to the Temporary Skilled Migration Income Threshold (TSMIT), now the Core Skills Income Threshold (CSIT), for Category 3 businesses.
  • A new age concession of 55 years for Category 2 and 3 businesses. This means businesses can now sponsor older applicants for certain visa subclasses. They may have diverse work experience and/or be willing to migrate to regional areas.

Businesses located in Category 2 and 3 regional locations may also access the above regional concessions under a company-specific labour agreement. You must accompany any concessions requests with strong reasons as to why standard visa criteria should not apply.

In addition to the above:

  • A pathway to permanent residency is now available under the fishing industry labour agreement (FILA). This is for all FILA occupations, for the following visas:
    • Employer Nomination Scheme visa (subclass 186)
    • Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
  • The occupation ‘Seafood Process Worker’ (ANZSCO 831313) is now available under the FILA for businesses in Category 2 & 3 regional locations. This has qualifications and experience requirements equivalent to those under ANZSCO. There is a pathway to permanent residency.
  • The occupation ‘Dairy Cattle Farm Operator’ (070499) is now available under the dairy industry labour agreement. This has qualifications and work experience requirements equivalent to ANZSCO Skill Level 4. There is a pathway to permanent residency.

Labour Agreement requirements Sc 186, Sc 482 and Sc 494 visas

The Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024 amends the Migration Regulations 1994 to make changes to various criteria for the 482, 494 and 186 visas in the Labour Agreement stream, namely English language proficiency, age, qualifications and work experience, skills assessments, pathways to permanent residence, as well as salary, sponsorship obligations and occupations.
Below is a summary of the amendments made by the instrument:

Definition of Labour Agreement
The definition of work agreement and references to this have been revised with a new definition for “Labour Agreement”. A new regulation 2.75C has also been added to provide clear statutory authority for the Minister to enter into a labour agreement and facilitate settings that already exist in the current Labour Agreement program, including:

  • who the Minister may enter into an agreement with,
  • the matters which may be specified in a labour agreement, and
  • a labour agreement may be varied by the parties after the agreement has come into effect.

Amendments to the Skills in Demand (Sc 482) visa – Schedule 1 criteria (Mandatory Skills Assessments)
The instrument restricts the Schedule 1 criteria regarding mandatory skills assessments to primary applicants for a SID visa in the Specialist Skills stream or the Core Skills stream. This is because an applicant in the Labour Agreement stream will be assessed under the skills assessment criteria set out in Schedule 2 cl.482.242A.
Amendments to the Skills in Demand (Sc 482) visa – Schedule 2 criteria

  •  References to the “Commonwealth” in relation to work agreements is substituted with the “Minister”
  • New provision to substitute cl.482.242(b) which allows the primary applicant for a SID or TSS visa in the Labour Agreement stream to satisfy the relevant work experience requirements if they have worked in the nominated occupation or a related field for the period specified by the Minister in the Labour Agreement, for the nominated occupation and for the visa
  • The applicant must satisfy any requirements around skills, qualifications and employment background requirements as specified by the Minister in the Labour Agreement. If the Minister specifies that the applicant’s skills must have been assessed as suitable for the nominated occupation, then the applicant’s skills have been assessed by the relevant skills assessing authority, or otherwise the person or body specified by the Minister in the Labour Agreement.
  • The applicant must satisfy the English language requirements as specified by the Minister in the Labour Agreement

Amendments to the Employer Nomination Scheme (Sc 186) visa

  •  The instrument repeals cl,186.212B which previously required an applicant who is the holder of, or the last substantive visa was, a subclass 491 or 494 visa, to have held that visa for at least 3 years at the time of application for the 186 visa. The repeal of this provision from the common criteria effectively allows the Minister to specify alternative requirements and concession regarding the period of stay requirements in relation to Labour Agreements. However, this criterion continues to apply for applicants for the 186 Direct Entry stream.
  • The age requirement in the Labour Agreement stream which previously required an applicant to be under 45 at the time of application was replaced with new provisions that enable an applicant to meet the age requirement where they have not reached the age specified by the Minister in a Labour Agreement that is in effect with the employer who is a party to a Labour Agreement. The purpose of this is to strengthen the legislative basis for the Minister to specify alternative requirements to this age requirement in a labour agreement for applicants to the Labour Agreement stream for a Subclass 186 (Employer Nomination Scheme) visa.
  • The applicant must satisfy any requirements around qualifications, experience, language test and English language proficiency and skills requirements as specified by the Minister in the Labour Agreement. If the Minister specifies that the applicant’s skills must have been assessed as suitable for the nominated occupation, then the applicant’s skills have been assessed by the relevant skills assessing authority, or otherwise the person or body specified by the Minister in the Labour Agreement.

Amendments to the Skilled Employer Sponsored Regional (Provisional) (Sc 494) visa

  •  The age requirement in the Labour Agreement stream which previously required an applicant to be under 45 at the time of application was replaced with new provisions that enable an applicant to meet the age requirement where they have not reached the age specified by the Minister in a Labour Agreement that is in effect with the employer who is a party to a Labour Agreement.
  • The applicant must satisfy the English language requirements as specified by the Minister in the Labour Agreement
  • The applicant must satisfy any skills, qualifications and employment background requirements as specified by the Minister in the Labour Agreement
  • The applicant must have worked in the nominated occupation or a related field for the period specified by the Minister in the Labour Agreement

Related: 

  • Advertising Industry Labour Agreement
  • Aged care industry Labour Agreement
  • Dairy industry Labour Agreement
  • Fishing industry Labour Agreement
  • Meat industry Labour Agreement
  • Minister of Religion Labour Agreement
  • On-hire Labour Agreement
  • Pork industry Labour Agreement
  • Restaurant (premium dining) Labour Agreement

Related:

  • 186 Visa Agreement stream
  • 186 Visa Direct Entry stream
  • 186 Visa Transition stream

Related:

  • 494 Visa Labour Agreement stream
  • 482 Visa Labour Agreement stream

  • Advertising Industry Labour Agreement
  • Aged care industry Labour Agreement
  • Dairy industry Labour Agreement
  • Fishing industry Labour Agreement
  • Meat industry Labour Agreement
  • Minister of Religion Labour Agreement
  • On-hire Labour Agreement
  • Pork industry Labour Agreement
  • Restaurant (premium dining) Labour Agreement
  • Skilled Refugee Labour Agreement Pilot

Employer Sponsored Visa

482 TSS Visa

  • Assessment (applicant)
  • Assessment (business)
  • SID 482 visa
  • TSS Visa to PR
  • Medium Term List
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  • Regional List
  • TSS Visa Fees

186 ENS visa

  • Assessment
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  • Skill requirements
  • Occupations List

494 visa

  • Assessment
  • 494 Employer Sponsored Regional visa
  • Regional Postcodes
  • 494 Occupations List 
  • Regional Certifying Bodies

Temporary activity visas

  • 400 Temporary Work visa
  • Temporary Activity visa (subclass 408)
  • 407 Training visa
  • 407 occupations list

Corporate services

  • Corporate Immigration Services
  • Assessment
  • Compliance & Monitoring
  • Labour agreements
  • Standard Business Sponsorship
  • Accredited Sponsorship 
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Related

  • English Requirements
  • Processing times
  • Costs
  • Skilled Occupations List
  • News
  • Caveats on occupations
An informational graphic titled 'EMPLOYER SPONSORED VISA ASSESSMENT.' Below the title, text reads 'Complete our 186, 187 or 482 TSS visa assessment form to check your eligibility for an Australian Employer Sponsored visa.' The image features a photo of people's hands over documents, symbolizing a professional assessment or application process. The color scheme is blue and white, aligning with corporate branding.

Tools and Resources

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A promotional flyer for corporate immigration solutions, suggesting a service to help businesses navigate the complexities of sponsoring overseas workers.

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