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Labour Agreements

A labour agreement is a formal arrangement between an Australian employer (or industry body) and the Australian Government.
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A labour agreement enables approved employers to sponsor skilled overseas workers in situations where there are genuine skills shortages and the standard migration programs cannot meet the business’ workforce needs. Labour agreements are approved on a case-by-case basis and require evidence that no suitably qualified Australians are available. Employers must demonstrate they have undertaken labour market testing and that employing overseas workers will not undermine Australian wages and conditions, where applicable.

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Unique Concessions

The uniqueness of Labour agreements is that it may offer concessions to standard visa requirements, such as:

  • Lower English language thresholds
  • Adjusted age limits for permanent residency
  • Modified skills or work experience requirements
  • Salary or market rate concessions in limited cases
  • Access to additional occupations not on standard skilled occupation lists

Supported Visas

Employers with a labour agreement can sponsor skilled workers for:

Skills in Demand (482)

A temporary visa, grant duration of between one and four years depending on the agreement.

Regional (494)

A five year visa for regional employers, with a pathway to permanent residency through the subclass 191 visa after three years.

Employer Nomination (186)

A permanent visa for skilled workers, either through the Direct Entry or Temporary Residence Transition stream.

Types of Labour Agreements

  • Company Specific Labour Agreements
Negotiated directly between an employer and the Australian Government, this agreement addresses skill shortages specific to the company, tailored to the employer’s needs and may include concessions. Employers must provide detailed evidence of labour market testing and demonstrate the shortage cannot be met through standard visas.
  • Industry Labour Agreements
Established where there is evidence of nationwide, ongoing shortages in a specific industry. These agreements are negotiated with industry representatives and allow multiple employers in that industry to access overseas workers under consistent terms. Examples include agreements for the meat processing, dairy, and on-hire labour industries.
  • Designated Area Migration Agreements (DAMAs)
Negotiated with state, territory, or regional authorities, DAMAs target labour shortages in specific regional areas. They offer the broadest range of concessions, often covering occupations not found on the standard lists, and provide flexibility in age, English, and skill requirements. Employers must be endorsed by the regional authority before entering into a DAMA labour agreement.
  • Project Labour Agreements
Designed for major resource or infrastructure projects with large workforce demands, these agreements are negotiated with project operators and allow subcontractors on the project to sponsor workers under the same terms. They are commonly used in construction, mining, and energy projects.
  • Global Talent Employer Sponsored (GTES) Agreements

GTES agreements provide access to highly skilled global talent in niche sectors. They are available through two streams:

  • Established Business stream: for larger companies filling highly specialised roles.
  • Start-up stream: for innovative tech start-ups or STEM endorsed by an external body. GTES agreements offer flexibility, including exemptions from occupation lists, and can provide a pathway to permanent residency.

How Wintr Consulting Can Help

Labour Agreements are not straightforward agreements. They require extensive evidence, research and preparation to negotiate terms and concessions that benefit the Australian business and its workforce needs. It is often a long process and document heavy.
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For Employers

  • Assess whether a labour agreement is the right pathway for your business.
  • Prepare and lodge submissions to support the business case.
  • Prepare negotiations with the Department of Home Affairs.
  • Manage sponsorship, nomination, and visa applications for skilled, overseas employees.

For Skilled Employees

  • We provide advice on eligibility, visa requirements, and pathways to permanent residency under a labour agreement.

Labour agreements are the ideal option for businesses unable to access the skills they need through standard migration programs.

If you believe a Labour Agreement is the option for your business to secure skilled workers, we look forward to hearing from you.

Expert Support for All

From employer sponsorship and skilled migration to partner and family visas, we assist clients across a wide range of Australian immigration matters with professional guidance and personalised support. Contact us today to learn more.
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Ready to take the next step on your immigration journey? Get in touch, and we’ll guide you forward.

Email us on info@wintrconsulting.com.au

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