INDUSTRY LABOUR AGREEMENTS

Labour agreements in general are designed to assist approved businesses to sponsor ‘Skilled Overseas Workers’ when there is a need to fill a vacant position that cannot be met in the Australian labour market. They provide solutions when the usual ‘Temporary’ or ‘Permanent’ visa pathways are not available.

There are five types of Labour Agreements namely;

1. Company-specific labour agreements
2. Industry labour agreements (for a variety of Industries)
3. Designated area migration agreements
4. Project agreements
5. Global Talent Scheme (GTS) agreements

The first 3 are the most popular and in this ‘drop-down’ page will provide an abridged explanation of an Industry Labour Agreement. Please see the additional ‘drop-down’ pages for abridged explanations regarding a ‘Company-Specific Labour Agreement’ and a ‘Designated Area Migration Agreement’.

2 – Industry Labour Agreements

Some industries have entered into overarching Labour Agreements with the Department of Immigration, which allows individual employers from within those industries to seek their own labour agreement.

If a business operates in an industry where there is one of these Labour Agreements in effect, their own individual agreement, upon approval, will conform to the terms specified in the industry-wide agreement.

No exemptions or concessions can be requested by the business as these were already incorporated into the industry-wide labour agreement on creation.

The following 10 types of industries already have an Industry Labour Agreement.

1. Aged Care Sector:​
The Aged Care Industry Labour Agreement streamlines the recruitment of qualified direct care workers from overseas to work in the aged care sector. This agreement was created for Australian Aged Care providers so that employers can use this where appropriately qualified Australians are not available.

2. On-hire Industry:
The On-Hire Industry Labour Agreement enables recruitment agencies to sponsor skilled overseas workers for temporary stays in certain occupations. The agency must remain the direct employer, even if the workers are assigned to work for a third party.

3. Restaurant (premium dining):
The Restaurant (premium dining) Industry Labour Agreement lets you sponsor skilled overseas workers in Australian premium quality dining restaurants as cooks, chefs, café or restaurant managers and trade waiters for periods of up to 4 years and/or for permanent residence.

4. Horticulture Industry:​
The Horticulture Industry Labour Agreement (HILA) became available for businesses on 1 January 2020. It’s worth noting that from 1 November 2021, new regional concessions were incorporated into the dairy, fishing, meat, and pork industry labour agreements. Other changes to the horticulture industry concessions will be available soon.<br
5. Dairy Industry:​
The Dairy Industry Labour Agreement allows you to sponsor skilled overseas workers in the occupations of ‘Senior Dairy Cattle Farm Worker’ and ‘Dairy Cattle Farm Operator’ for temporary stays of up to 4 years and/or permanent residency. The terms and conditions of the agreement are non-negotiable, however, the concessions available under the agreement can vary based on the visa subclass and the designated regional location of your business.

6. Fishing Industry:
The Fishing Industry Labour Agreement enables you to sponsor skilled overseas workers in six identified occupations for temporary stays of up to 4 years and/or permanent residency. As with the dairy industry agreement, the terms and conditions of the agreement are non-negotiable, and the concessions available will vary based on the visa subclass and the designated regional location of your business.

7.Meat Industry:​
The Meat Industry Labour Agreement allows you to sponsor skilled overseas workers in the occupation of ‘skilled meat worker’ for temporary stays of up to 4 years and/or permanent residency. The terms and conditions of the agreement are non-negotiable and the concessions available will vary based on the visa subclass and the designated regional location of your business.

8. Pork Industry:​
The Pork Industry Labour Agreement allows you to sponsor skilled overseas workers in the occupation of ‘senior stockperson (piggery)’ for temporary stays of up to 4 years and/or permanent residency. The terms and conditions of the agreement are non-negotiable, and the concessions available will vary based on the visa subclass and the designated regional location of your business.

9. Advertising Industry​:
The Advertising Industry Labour Agreement lets you sponsor skilled overseas workers in the following five occupations:
  Advertising Specialist
  Graphic Designer
  Copywriter
  Multimedia Designer
  Web Developer

10. Minister of Religion:
The Minister of Religion Industry Labour Agreement enables you to sponsor skilled overseas workers in the occupations of the Minister of Religion or Religious Assistants for temporary stays of up to 4 years and/or permanent residency. There is an immediate permanent pathway available under this agreement, but it’s only available to applicants who hold the most senior Minister of Religion position in the religious organisation in Australia or a State/Territory region of Australia.

The terms and conditions of the agreement are non-negotiable.As per immigration policy, if a business operates in an industry that has an existing industry agreement, they typically cannot obtain a separate labour agreement (such as a company-specific agreement). In such instances, individual requests must be granted by the Minister of Immigration.

The sponsorship periods are up to 4 years and/or for permanent residence. To request an Advertising Industry Labour Agreement you must receive endorsement from the Media Federation of Australia (MFA) and The Communications Council (TCC). The terms and conditions of the agreement are set and non-negotiable.

This is just a brief outline of the Department of Immigration regulations that apply in this category but for further information ‘No Obligation Advice’ please drop a email to john@ascmigrationvisas.com.au and we’ll contact you within one business day.