We’re your trusted company-specific labour agreement lawyers
Learn about company-specific labour agreements, when to use them, how to apply for them, and answers to frequently asked questions.
What is a company-specific labour agreement?
Company-specific labour agreements are labour agreements that are negotiated directly with an employer, with the conditions of the agreement set on an individual basis. These types of labour agreements are only considered when there is a genuine skills or labour shortage for an employer and an industry or DAMA labour agreement doesn’t already exist. By creating a company-specific labour agreement, an employer is able to fill a labour shortage unique to their business with skilled workers from overseas.
When can I use a company-specific labour agreement?
You may be able to use a company-specific labour agreement if you’re an employer who has been unable to fill a position with local workers and no existing labour agreement applies to the position – for example, because there’s no industry labour agreement in place covering the industry that you operate in or the position that needs filling. If you meet this criterion and can also show that you meet all the employer requirements, you can apply for a company-specific labour agreement with the Department of Home Affairs.
Requirements for employers:
Employers who want to undertake a company-specific labour agreement will need to meet the following criteria:
- Must be an Australian-registered business with good standing
- Must be trying to fill skilled occupations that are not already available under skilled visa programs
- Meet salary and employment conditions
- Demonstrate a labour market need (i.e., you have made recent, genuine efforts to fill the position/s locally)
- Not have an ongoing reliance on overseas workers (i.e., depending on the region, your workforce cannot exceed a certain percentage of overseas workers)
Requirements for skilled workers
Unless a concession applies, workers who are filling a role under a company-specific labour agreement will generally need to:
- Have at least a working level of English (however English levels will vary depending on occupation)
- Have the skills required to perform the occupation (what qualifications and work experience is required will depend on the occupation)
- Meet any industry registration and licensing requirements
Source: Australian Government – Department of Home Affairs – Skilled occupations list ANZSCO
PAX Law works with both the employer and worker to apply for company-specific labour agreements, seeing things through from start to finish. First, we assess the employer’s eligibility to submit a company-specific labour agreement application, then work with the employer to lodge their application and the worker to lodge their visa application.
Mario Amor, Principal Lawyer at PAX Law and solicitor member of the Law Society of New South Wales
How to apply for a company-specific labour agreement
Learn more about what to expect when you apply for a company-specific labour agreement as an employer or as a skilled worker.
Step one: Employer lodges their request
Once you’re sure that you meet the requirements of a company-specific labour agreement, and that no existing DAMA or industry labour agreement applies to the position/s you need filled, the next step is to lodge a company-specific labour agreement request online, using ImmiAccount.
You’ll need to include supporting documents proving that you have exceptional needs that cannot be met by Australian workers. This evidence should show:
- The niche skills you’re seeking from overseas
- Your recruitment efforts
- A detailed job description (including tasks)
- That you’ve consulted with industry stakeholders (e.g. the industry body, relevant unions or community groups impacted by the proposed agreement)
- That you’re an Australian business with good standing (e.g. your business registration, proof that you’ve been actively operating for 12+ months, and you’re financially viable)
- Your workforce needs. A company-specific labour agreement is a temporary solution, and you must be able to show that overseas workers will not exceed the permitted percentage of your workforce and that you have a plan to train and employ Australians for future labour needs.
For company-specific labour agreements, you can request exceptions to standard visa eligibility requirements, provided you have strong reasons. These visa eligibility exceptions may include:
- English language
- Age
- Salary
- Work experience
Step two: DOHA reviews the request and delivers a decision
The Department of Home Affairs will review the request. If the application is approved, they’ll send you a labour agreement document to review and sign. Your company-specific labour agreement comes into effect after it is countersigned by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs or their delegate.
Applying for a visa under a company-specific labour agreement is no different for skilled workers, except that the conditions of the position may be slightly different to those of an industry or DAMA labour agreement, depending on what the employer has arranged with the Minister. The application process will also depend on the type of visa you apply for:
- 482 Skills in Demand (SID) visa
- 186 Employer Nomination Scheme (ENS)
- 494 Skilled Employer Sponsored Regional (SESR) visa
You’ll need to have a job lined up before you can submit your application on ImmiAccount. When you work with PAX Law on your visa application, we’ll help you assemble your paperwork and lodge your visa application on your behalf.
Next steps
Fill in the form below to book a personalised, one-on-one consultation with one of our expert lawyers. We can meet online or in person at our Sydney or Adelaide offices.
The personalised consultation costs $330 (this includes GST) and we’ll credit this fee against the overall price of your service. During the hour-long consultation, you’ll receive a genuine analysis of your case and personalised advice to help you understand your strategy, risks, timelines, costs, and pros and cons of different options.
Book a consultation