Immigration Labour Agreements

Immigration Labour Agreement

A Labour Agreement is a formal arrangement negotiated between the Australian Government (Department of Home Affairs) and an Australian employer, industry group, or regional body. It enables employers to sponsor skilled overseas workers in areas of critical labour shortage that cannot be filled locally.

"Labour agreements enable approved employers to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available."

At Wings International, we help clients and employers navigate the specialised visa pathways available under Australia's Labour Agreement program. These agreements are tailored arrangements that allow Australian employers to sponsor overseas workers where standard visa programs do not suffice.

Types of Labour Agreements

1. Company-Specific Labour Agreements
   Customised agreements between a single employer and the Australian Government.

2. Industry Labour Agreements
   Pre-established templates for sectors like Aged Care, Dairy, Meat, Fishing, On-Hire, and Horticulture.

3. Designated Area Migration Agreements (DAMA)
   For regional areas needing foreign workers to support local economies.

4. Project Agreements
   For large-scale infrastructure projects with substantial workforce requirements.

5. Global Talent Scheme Agreements
   For start-ups or established businesses hiring highly skilled or specialised global talent

Who Can Enter Into a Labour Agreement?

• Individual Australian Employers (Company-Specific Agreements)

• Industry Bodies (Industry Labour Agreements)

• Regional Authorities (Designated Area Migration Agreements - DAMA)

• Large Infrastructure or Tech Projects (Project Agreements or Global Talent Scheme)

Each agreement is customised and subject to negotiation and government approval.

• Subclass 482 – Temporary Skill Shortage (TSS) Visa

• Subclass 186 – Employer Nomination Scheme (ENS) Visa

• Subclass 494 – Skilled Employer Sponsored Regional Visa

These visas are granted with conditions tailored under the Labour Agreement.

Common Visa Types Used Under Labour Agreements

Why Use a Labour Agreement?

• Fill genuine skill shortages

• Access to concessions on standard visa criteria (e.g., English, salary, age)

• Long-term staffing solutions

• Regional development and workforce support.

How to Obtain a Labour Agreement

Securing a Labour Agreement involves several key steps. At Wings International, we guide employers through each phase to ensure policy compliance and streamlined approval.

Step 1: Demonstrate Genuine Labour Need

Employers must prove that:

• There is a genuine labour shortage in their business or region.

• They have made genuine efforts to recruit Australians first.

• The nominated roles align with eligible occupations under the program.

Step 2: Prepare a Labour Agreement Request

The employer submits a formal request to the Department of Home Affairs, outlining:

• Business background

• Occupations and number of workers needed

• Justification for concessions (if any

• Recruitment efforts and labour market testing evidence

Step 3: Negotiate the Agreement

If the request meets eligibility:

• The Department will enter into negotiations with the employer or representative.

• Terms such as visa types, concessions, and duration are agreed upon.

Step 4: Labour Agreement Approval

Upon successful negotiation, a formal Labour Agreement is issued. It remains valid for a set term (typically five years) and includes conditions on sponsorship and compliance

Step 5: Nominate Workers and Apply for Visas

Once the agreement is in place:

• The employer can nominate overseas workers under the approved agreement.

• The nominated workers apply for the relevant visa subclass (e.g., 482, 186, 494).

For more information or assistance in applying under a Labour Agreement, contact Wings International today. We specialise in tailored visa assistance backed by policy compliance and client satisfaction.