Labour Agreement Lawyers for Australian Employers

A labour agreement lets an approved business sponsor overseas workers when the standard visa programs do not fit the role. It is a negotiated agreement with Home Affairs, so the business case you put forward matters.

Our migration lawyers can help you work out whether you need one, prepare the request, and manage the nominations that follow. Consultations are in person in Sydney or Melbourne, or by video call anywhere in Australia.

Tina Nematian, Principal Lawyer at One Planet Migration Law
Tina Nematian, Principal Lawyer
  • Fixed fees, agreed up front
  • Offices in Sydney and Melbourne
  • Video consultations Australia-wide
  • Led by Principal Lawyer Tina Nematian
Services

How we help

Company-specific agreement requests

If your skill need is not covered by an industry agreement, a DAMA or the standard programs, a company-specific agreement may apply. We can assess the case, prepare the request and draft the supporting business case.

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Industry labour agreements

Several sectors have fixed-term industry agreements negotiated with Home Affairs. We can check whether your business is covered, which template applies, and what you need to show to request one, including any consultation the sector requires.

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Project agreements

Project companies with genuine skills shortages during the construction phase of resource or infrastructure projects may be able to request a project agreement. We can check whether your project qualifies and how to approach the department before any request is lodged.

DAMA labour agreements

In a designated area, employers can seek endorsement and then a labour agreement under the regional DAMA. We can check the occupations and concessions available, help you seek endorsement from the representative first, and then prepare your request.

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Business case and concessions

Concessions to English, age, salary or work experience need strong reasons, and requests beyond the template are unlikely to be agreed. We can help you set out a realistic case with the evidence behind it.

Stakeholder consultation

Many requests need evidence that you consulted industry bodies, unions or affected community groups. We can help you plan the consultation, allow for response times, keep a record of replies and present it with your request.

Nominations under the agreement

Once an agreement is in effect, each worker still needs a nomination and a visa. We can prepare nominations under the 482, 494 or 186 labour agreement streams, keep within your agreed ceilings, and brief the worker on their own visa application.

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Variations and renewals

Agreements generally run for five years, and variations are now limited. We can plan ahead for workforce changes, prepare variation requests, and prepare a renewal request in good time, well before your current agreement expires.

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Labour agreement or 482: which does your business need?

Labour agreement or 482: which does your business need?

Start with the standard programs. If the role fits the Skills in Demand 482, the 186 or the 494, that is normally the more direct route. A labour agreement is for the cases those programs do not cover, and Home Affairs expects you to show why they cannot meet the need.

Home Affairs describes a company-specific agreement as appropriate where:

  • the skill need is genuine and not covered by an industry agreement, a DAMA or a project agreement
  • the occupation is not available in the standard skilled visa programs, unless there is a strong and compelling business case
  • the business can show an exceptional need that Australian workers cannot meet, with detailed recruitment efforts behind it

The positions must sit at ANZSCO skill levels 1 to 4. The business must also be an Australian registered business in good standing, lawfully and actively operating for at least 12 months, with evidence of financial viability from a qualified accountant. Overseas workers must not be more than one third of the workforce, and you need a plan to train and employ Australians so a future agreement is not needed.

There is no cost to request a labour agreement, but nomination and visa charges apply later. Agreements generally last five years and allow visas under the labour agreement streams of the 482, 186 and 494. Workers must generally meet the English language requirements of the 482 and any registration or licensing requirements for the occupation.

For the sponsor-side basics, see our employer sponsorship page. For the full rules, see Home Affairs on company-specific labour agreements.

The types of labour agreement

There are four types, and the right one depends on your industry, location and project.

Company-specific

Negotiated for one business with a genuine skill need. It is described as a temporary solution. Our company-specific guide covers the detail.

Industry

Fixed terms for a whole sector, set in negotiation between the industry and Home Affairs. As at October 2026 the department publishes ten templates, including aged care, dairy, meat, horticulture, fishing and on-hire. See our industry agreements guide.

DAMA

A regional or state arrangement with a head agreement and individual employer agreements beneath it. Employers need endorsement from the designated area representative first. A DAMA is not endorsed where an industry agreement already covers the industry. Read more on our DAMA page.

Project

For project companies in the construction phase of resource or infrastructure projects endorsed by the Department of Foreign Affairs and Trade under the China-Australia Investment Facilitation Agreement.

From request to nominations

The process is detailed and evidence-heavy. In outline:

  1. Work out which agreement type fits, using the Home Affairs guidelines and templates.
  2. Gather business documents, declare any adverse information, collect labour market testing evidence and complete any required consultation with industry or union stakeholders.
  3. Lodge the request in ImmiAccount. Home Affairs assesses each request case by case.
  4. If approved, review and sign the agreement. It takes effect once countersigned by the Minister or their delegate.
  5. Nominate workers under the agreement, then each worker lodges their visa application.

An agreement works like a contract, and sponsor obligations still apply. If you do not comply, Home Affairs may suspend or terminate it, and compliance can be checked through audits and site visits. From 2026, only one variation is supported in each year of an agreement, and none in the first six months. Our variation and renewal guide explains how to plan for that.

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Talk to our labour agreement lawyers

Tell us about the roles, your industry and your recruitment history, and we can explain whether a labour agreement, a DAMA or the standard 482 may suit your business. We work on a fixed-fee model, so you know the cost up front. Book a consultation with our migration lawyers.

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Guides

Labour agreements: our guides

Plain-English guides written by our lawyers. General information only, not legal advice for your situation.

FAQ

Frequently asked questions

Do I need a labour agreement to sponsor overseas workers?

Not usually. Many employers sponsor under the standard 482, 186 or 494 without one. A labour agreement is for situations where the standard programs are unavailable or do not cover the occupation. A consultation can check whether the standard route already works for your role, which often saves months of preparation.

Can a labour agreement lead to permanent residence?

It can, depending on the agreement and the worker. A company-specific agreement can request a permanent residence pathway through the Employer Nomination Scheme 186, and the 494 also has a permanent pathway for workers in regionally located businesses. The terms vary from agreement to agreement, so the pathway should be confirmed before you discuss it with a worker.

How long does a labour agreement last and what does it cost?

Labour agreements are generally in effect for five years. Home Affairs says there is no cost to request one. Costs arise at the nomination and visa stages. Professional fees depend on the work involved, and we work on a fixed-fee model so you know them up front. Government charges are separate.

What is the difference between a company-specific and an industry agreement?

A company-specific agreement is negotiated for one business with a genuine need not covered elsewhere. An industry agreement has fixed terms for a whole sector, determined by industry bodies in negotiation with Home Affairs. If your sector has one, an industry agreement is the route Home Affairs expects you to consider first. See our industry guide.

When is a DAMA a better option?

A DAMA may suit you if your business is in a designated area and your occupations are covered by its head agreement. You need the designated area representative to endorse your request first. It is not endorsed where an industry agreement covers your industry, and the department is moving towards state and territory-led DAMAs. Read about DAMAs.

Can we change the agreement after it is signed?

Sometimes. You can ask to vary terms, concessions or nomination ceilings, but from 2026 Home Affairs supports only one variation in each year of an agreement and none in the first six months. Plan your workforce needs, including ceilings and occupations, before you sign. See our variation and renewal guide.

What happens if we do not comply with the agreement?

The agreement is a contract with terms you must meet, alongside legislated sponsor obligations. If you do not comply, Home Affairs may suspend or terminate it and can consider sanctions, penalties or other enforcement measures. The Australian Border Force and the department may monitor compliance through audits and site visits.

What evidence does Home Affairs expect with a request?

Typically proof your business is in good standing, such as financial reports, tax returns and bank statements, plus a business plan, a letter of support from a qualified accountant and any adverse information. You also need labour market testing evidence, evidence of your recruitment efforts and, where required, records of stakeholder consultation.

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