What is a Labour Agreement?
In essence it is a contract between the Commonwealth of Australia (represented by the Minister for Immigration) and a sponsoring employer. This contract, or agreement, sets out the terms and conditions that dictates the employer’s ability to sponsor workers.
The contents of a Labour Agreement set out important guidelines such as the nomination and visa requirements, sponsorship and reporting obligations, and other negotiated conditions.
Why might employers want access to a Labour Agreement?
Employers may want to sponsor workers for an employer sponsored visa such as 482 Temporary Skill Shortage visa or 494 Skilled Employer Sponsored Regional who need certain concessions to be eligible for a visa.
What does concession mean?
It generally refers to special allowances or relaxations that can benefit applicants. Depending on their circumstances, this can help applicants to satisfy specific visa requirements.
These concessions can allow applicants to meet relaxed requirements for a visa in terms of age, work experience, English language ability, and permanent residency (PR) pathway for those over 45.
This can help make it easier for some to obtain a visa when they might otherwise not qualify.
For example, those who:
- are 45 years old or over
- do not have enough required work experience for a standard 482 or 494
- work in an occupation that is not on the ‘standard’ skilled occupation list
- achieved lower scores than the usual English language requirements
What are the five types of Labour Agreement?
- Company Specific Labour Agreements
- Designated Area Migration Agreements (DAMA)
- Industry Labour Agreements
- Global Talent Employer Sponsored Agreements
- Project Agreements
Company Specific Labour Agreements
Allow businesses to sponsor workers for positions that cannot be filled locally. As the name suggests, these agreements can be tailored to the specific needs and wants of a particular employer.
DAMA
Are tailored agreements for specific regions across Australia, addressing labour shortages in those areas. There are currently 12 DAMAs in Australia.
Industry Labour Agreements
Cater to employers operating in specific industries that face ongoing skill shortages. This includes the aged care, dairy, horticulture, meat and pork industries.
Global Talent Employer Sponsored Agreements
Allow employers to sponsor highly skilled workers in areas of innovation and technology for Temporary Skill Shortage 482 visas. Both established businesses and startups can sponsor global talent to enhance Australia’s competitiveness.
Project Agreements
Are a type of labour agreement that allows project companies experiencing skills shortages, to sponsor skilled workers during the construction phase of resource or infrastructure projects.
Popular Labour Agreements include:
Employers often choose to apply for a labour agreement when they have a persistent labour need that they cannot fill.
- To secure Aged and Disability Carers through the Aged Care Labour Agreement (ACILA).
- To secure horticultural workers through the Horticulture Industry Labour Agreement (HILA).
We have a page called "How to Find an Employer Sponsor in Australia" where you can find some tips on securing a sponsor. Click here to read.
Do you want to know more about Labour Agreements in Australia?
If you are planning to apply for an Australian Visa through a labour agreement and need assistance with your visa application process, please contact us. We are experienced in helping employers apply for Labour Agreements.
We are one of Australia's largest immigration law firms, with a team of professional immigration lawyers and registered migration agents who can help you.
Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.
