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Legal Services — Labour Agreements

Labour Agreement Visa —
When Standard Sponsorship Streams Don't Fit

Labour agreements let employers sponsor workers in occupations or under conditions not covered by standard TSS visa streams. We assist both employers establishing or accessing agreements and workers navigating labour agreement nominations.

What Is a Labour Agreement?

A labour agreement is a formal arrangement between an Australian employer and the Department of Home Affairs. It allows the employer to sponsor overseas workers under terms that differ from the standard Temporary Skill Shortage visa stream — for example, sponsoring workers in occupations not on the standard lists, or with different salary, age, or English language thresholds.

Labour agreements exist because the standard visa system can't anticipate every workforce need. They are a structured way for employers with genuine, documented gaps to access workers outside the usual parameters.

Types of Labour Agreement

TypeWho it's forProcess
Company-specificA single employer with unique, documented workforce needs not met by standard streamsNegotiated directly with the Department — typically 6–12 months
Industry agreementAll employers in an identified sector (e.g. meat processing, aged care, fishing)Employer applies to access the existing agreement
DAMA — Designated Area Migration AgreementEmployers in a regional area covered by a DAMAEmployer applies through the relevant regional authority
Global Talent Employer Sponsored (GTES)Employers nominating highly skilled innovators in priority sectorsEmployer must be GTES-approved; faster than standard labour agreements

DAMAs in South Australia

South Australia has a Designated Area Migration Agreement covering regional and outer metropolitan areas of the state. Employers operating in those areas can access occupation lists and salary concessions that aren't available under the standard TSS stream — including occupations that don't appear on the standard skilled occupation lists.

DAMA requirements change — the specific occupations, salary thresholds, and regional boundaries are updated periodically. We verify current requirements before advising on DAMA access.

Industry Agreements

Several industry-wide labour agreements already cover specific sectors. Where your sector has an active industry agreement, you access it by applying to the Department — not by negotiating your own. This is significantly faster than a company-specific agreement.

We confirm which industry agreements are current and whether your business and the position you want to fill are covered.

Company-Specific Agreements — When and Why

A company-specific agreement is appropriate where:

  • The occupation the employer needs is not on standard lists and not covered by an industry agreement
  • The employer has documented recruitment attempts that demonstrate the position cannot be filled locally
  • There is a genuine, ongoing workforce need that justifies the length and complexity of the negotiation process

The negotiation process involves detailed documentation of the business's workforce needs, pay and conditions, and recruitment efforts. We assist employers in preparing the documentation package and managing the negotiation with the Department.

For Workers Under a Labour Agreement

If your employer is sponsoring you through a labour agreement, the nomination and visa application process differs from a standard TSS. The occupation, salary, and English language conditions in your application must match the specific terms of the agreement — not the standard TSS requirements.

We review labour agreement nominations before lodgement to confirm they correctly reflect the agreement terms.

Frequently Asked Questions

Possibly. Labour agreements can cover occupations outside standard lists if the employer can demonstrate a genuine need. The first step is checking whether an industry agreement or DAMA already covers your occupation and region. If not, a company-specific agreement may be the path — but the timeline is long and the employer needs to meet a high evidentiary bar.
Under a labour agreement, the employer applies through the labour agreement framework rather than as a standard business sponsor. The two approval paths are separate — a labour agreement approval authorises the employer to nominate workers under the agreement's specific terms.
Yes. Labour agreement workers can transition to the ENS visa (186) through the Labour Agreement stream after meeting the relevant tenure and occupation requirements under their specific agreement. We plan this pathway from the start of the arrangement.

Employer With Workforce Needs Outside Standard Streams?

We assess whether a labour agreement is the right path and which type applies to your business — before you commit to the timeline and cost.