Labour Agreements

Labour Agreements

This page describes Labour Agreements, which are formal arrangements negotiated between the Australian Government and an employer or industrial association.

It provides information on who qualifies for migration under this category and how a nomination occurs. This information is a general guide only, but it will help you decide if this category applies to you.

If you decide you want to use this scheme, it is essential that youcontact BCIS for further information.

Please note:
If you apply from outside Australia, you will be applying to migrate. If you are applying in Australia, you will be applying for permanent residence. On these web pages, the term migrate covers both.

Summary of migration requirements

• Labour Agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or emerging labour market (or skill) shortages in Australia.
• They provide an avenue for either permanent and temporary entry to Australia.
• They are also designed to ensure that overseas recruitment supports the longer-term improvement of employment and training opportunities for Australians.
• Employers or industrial associations are required to make commitments to the employment, education, training and career opportunities of Australians as part of the agreement.

After the agreement has been negotiated, the process consists of two stages:

1. nomination by the employer; and
2. nominee's application for a visa.

In brief, the employer submits a completed form 1068, Nomination by a business sponsor for either permanent or temporary entry. The nomination will be assessed to determine:

• the nomination is in accordance with the relevant Labour Agreement;
• the vacancy falls within the agreed ceiling for the Agreement;
• the terms and conditions of employment are in accordance with the Agreement;
• the nominee is under 45 years of age;
• the nominee has the qualifications and skills (including English language skills) specified in the Labour Agreement.

The nominee must complete and lodge application form 47ES, Application for employer sponsored migration to Australia, and pay an application charge. In general terms, the visa application will be assessed against the following:

• that the nominee has the qualifications, skills (including English language skills) and experience specified in the Agreement;
• that the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements under the Labour Agreement;
• that the nominee is less than 45 years of age;
• that the nominee and all family unit members meet mandatory health and character requirements.

Employers wishing to nominate visa applicants under a Labour Agreement can utilise the Skill Matching Database to identify suitably qualified workers.

The Skill Matching Database contains the educational, occupational and personal details of Skilled–Independent category applicants and Skill Matching visa applicants.

Applicants nominated from the database under a Labour Agreement do not need to lodge a further visa application. The database is updated monthly and distributed to all State and Territory governments and to a network of regional development authorities.

An abridged version of the Skill Matching Database is on this website.