Industry Labour Agreements in Australia: A Full Guide for Employers
Industry Labour Agreements (ILAs) allow approved industries to access overseas workers under pre-negotiated, industry-wide terms where standard visa pathways do not meet ongoing workforce needs. This guide explains how ILAs work, which visas they support, the application process, and company-specific alternatives for employers.
Key takeaways
- Industry Labour Agreements address sustained labour shortages by setting industry-wide sponsorship terms and concessions.
- ILAs commonly permit visa grants under SID (subclass 482), 494 (Skilled Employer Sponsored Regional) and 186 (Employer Nomination Scheme).
- Terms are fixed for the industry and may require industry body endorsements or union MoUs for some sectors.
- If your industry isn’t covered, consider a Company-Specific Labour Agreement tailored to your business case.
What is an Industry Labour Agreement (ILA)?
An Industry Labour Agreement is a pre-negotiated arrangement between the Department of Home Affairs and an industry representative that sets consistent sponsorship terms for that sector. ILAs are used when standard visa programs cannot meet demonstrated, ongoing labour shortages. Industry bodies negotiate the terms with the Department so employers in the sector access the same concessions and occupation lists.
Which visas and concessions do labour agreements cover?
ILAs typically allow nominations under one or more of the following: Skills in Demand (SID) — subclass 482, Skilled Employer Sponsored Regional (Provisional) — subclass 494, and Employer Nomination Scheme — subclass 186. Templates may include concessions for salary, English, age or experience where justified by industry need.
Common industries & example occupations
Each agreement lists eligible occupations and specific terms (salary minima, registration requirements). Employers should confirm the current list on the Department’s site.
| Industry (example) | Typical visa options | Notes |
|---|---|---|
| Aged care | 482 (SID), 186 | May require union MoU; possible English/skills concessions |
| Horticulture / Farm | 482 (SID), 494, 186 | Regional concessions and industry-specific checks |
| Restaurant (Premium Dining) | 482 (SID), 494, 186 | Specialised role conditions; turnover/menu requirements may apply |
| Advertising & Creative | 482 (SID), 186 | Industry endorsement templates and occupation lists apply |
How do employers access an Industry Labour Agreement?
- Check whether an ILA exists — consult the Department of Home Affairs list of labour agreements and the relevant industry template.
- Confirm occupation coverage — verify the ANZSCO code and any licensing/registration requirements.
- Meet endorsements / MoU requirements — obtain industry body or union endorsements where required.
- Nominate workers under the agreement — lodge nominations per the ILA terms; standard nomination & visa processes then apply.
- Comply with terms — meet employment, pay and recordkeeping obligations under the agreement.
Always review the published ILA template for precise nomination criteria and obligations before proceeding.
Company-Specific Labour Agreements (when to use them)
If your industry or occupation isn’t covered by an ILA, a Company-Specific Labour Agreement can be negotiated with Home Affairs. These agreements may list bespoke occupations or request concessions (English, salary, experience) where a compelling business case and evidence of failed local recruitment is provided.
What you must demonstrate
- Genuine ongoing shortages not met locally;
- Extensive recruitment efforts and labour market testing;
- Financial viability and lawful operation;
- Plans to upskill local workers over time;
- Stakeholder consultation with industry bodies, unions or local groups.
Benefits & Risks
Benefits
- Access to overseas workers for hard-to-fill roles;
- Industry-wide consistency in concessions and occupation lists;
- Permanent residency pathways are often available (eg. subclass 186) where the agreement provides for them.
Risks & considerations
- Agreement terms are fixed and non-negotiable for individual employers;
- Strong compliance obligations — breaches can lead to sanctions or loss of access;
- Some ILAs require union or peak-body involvement, which can extend preparation time.
Practical next steps for employers
- Check the Department of Home Affairs list of current labour agreements for coverage.
- Review the relevant ILA template for occupation lists and concessions.
- Prepare recruitment evidence, position descriptions and stakeholder consultation documents.
- Contact Skyline Migration Lawyers for a sponsor compliance audit, company-specific agreement assessment or nomination support.
Frequently asked questions
- How long do Industry Labour Agreements last?
- ILAs are typically set for a fixed term. Check the active agreement for specific duration and renewal conditions.
- Can any employer access an ILA?
- Only employers operating within the covered industry and meeting the agreement’s conditions can access the ILA.
- Which visas are available under ILAs?
- ILAs commonly support SID (subclass 482), Skilled Employer Sponsored Regional (subclass 494) and Employer Nomination Scheme (subclass 186), subject to the agreement’s terms.
- What if my industry isn’t covered?
- Apply for a Company-Specific Labour Agreement with a strong business case, recruitment evidence and stakeholder consultation to request concessions or list bespoke occupations.
Disclaimer: This article summarises current public guidance on labour agreements and is for general information only. It does not constitute legal advice. For tailored, up-to-date legal advice on labour agreements, company-specific agreements or sponsor compliance, please contact Skyline Migration Lawyers.
