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Everything you need to know about industry labour agreements as an employer or skilled worker: what they are, how they work, the application process, and answers to frequently asked questions.
What is an industry labour agreement?
Industry labour agreements are template labour agreements that have been tailored for specific industries, with fixed requirements. The template agreements are created in collaboration with the Department of Home Affairs (DOHA) and key industry stakeholders, such as peak industry bodies or associations and local governments. The terms and conditions of the agreement are set and can’t be negotiated. Any exceptions made under the agreement will need approval by the Minister of Immigration and will depend on the visa subclass and where the business is located.
Which industries have labour agreements?
The Aged Care Industry Labour Agreement lets an employer sponsor overseas direct care workers in the aged care sector in the following jobs:
- Aged or Disabled Carer
- Nursing Support Worker
- Personal Care Assistant
Employers can sponsor workers for the below visas:
- Subclass 482 Skills in Demand (SID) visa (temporary)
- Subclass 186 Employer Nomination Scheme (ENS) visa (permanent)
The Meat Industry Labour Agreement lets an employer sponsor skilled overseas workers in skilled meat worker roles for a temporary period up to 4 years and/or for permanent residency.
Employers can sponsor workers for the below visas:
- Subclass 482 Skills in Demand (SID) visa (temporary)
- Subclass 494 Skilled Employer Sponsored Regional (SESR) visa (temporary)
- Subclass 186 Employer Nomination Scheme (ENS) visa (permanent)
The Horticulture Industry Labour Agreement lets an employer sponsor skilled overseas workers in 31 specified occupations for a temporary period of up to 4 years and/or for permanent residency.
Some of the occupations covered by the Horticulture Industry Labour Agreement are mechanical engineer, nurseryperson, fork lift driver, mechanic, and facility supervisor.
Employers can sponsor workers for the below visas:
- Subclass 482 Skills in Demand (SID) visa (temporary)
- Subclass 494 Skilled Employer Sponsored Regional (SESR) visa (temporary)
- Subclass 186 Employer Nomination Scheme (ENS) visa (permanent)
Other industries with current industry labour agreements in place include:
- Advertising industry
- Dairy Industry
- Fishing Industry
- Minister of Religion
- On-hire
- Pork Industry
- Restaurant industry (fine dining)
Read more about the current industry labour agreements and eligible occupations here.
Source: Australian Government – Department of Home Affairs – Labour Agreements/Industry Labour Agreements
When should I use an industry labour agreement?
Industry labour agreements are designed to be used when a business can’t fill its skills needs with workers from the local market, and where there is an existing industry template arrangement in place.
Applying for an industry labour agreement
For businesses, industry bodies and employers
To apply for an industry labour agreement, peak body businesses or associations should begin by emailing the Department of Home Affairs (DOHA). You’ll need to present a thorough business plan with a labour market analysis, and DOHA may require further labour market insights.
As an employer applying to take part in an existing industry labour agreement, you’ll need to make sure that you meet the requirements set out in the existing industry labour agreement. Each industry has specific terms and conditions, which are outlined on the DOHA website. Requirements that apply may include: salary, occupations, visa types, age, skills and qualifications, and previous experience.
Source: Department of Home Affairs – Types of Labour Agreements – Industry Labour Agreements
If you’ve been thinking about applying for an industry labour agreement as a business or association, our law team can help. We assess eligibility and make sure that you’re able to comply with the conditions of the agreement you apply for. We also assist with the visa applications of your skilled workers, ensuring a seamless, stress-free process.
Mario Amor, Principal Lawyer at PAX Law and solicitor member of the Law Society of New South Wales
For workers
If you’re a skilled worker looking for employment in Australia, you can find an employer with a current labour agreement listed on DOHA’s website.
First, you’ll need to make sure that you meet the industry labour agreement requirements (including qualifications and English language) and secure a job offer. After this, you can apply for your visa. Depending on the industry and role, the visas you may apply for include:
- Subclass 482 Skills in Demand (SID) visa (temporary)
- Subclass 494 Skilled Employer Sponsored Regional (SESR) visa (temporary)
- Subclass 186 Employer Nomination Scheme (ENS) visa (permanent)
Source: Department of Home Affairs – Labour Agreements – List of current labour agreements
FAQs
- Subclass 482 (Skills in Demand)
- Subclass 494 (Skilled Employer Sponsored Regional)
- Subclass 186 (Employer Nomination Scheme)
Industry labour agreements generally remain active for five years from grant.
Source: Department of Home Affairs – Types of Labour Agreements – Industry Labour Agreements
Industry labour agreements have fixed terms and conditions, which can only be amended if a Minister or their delegate agrees. If your business doesn’t align with the existing industry-specific labour agreements, you might be eligible to apply for a company-specific or DAMA labour agreement. Speak to our law team today to discuss your eligibility and options.
Next steps
Fill in the form 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 for 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.
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