When a labour agreement may be appropriate.
A business may have a genuine need to recruit internationally but find that the standard visa settings do not meet its circumstances. A labour agreement can provide an agreed framework for specified occupations and requirements.
The first assessment is whether an available agreement framework addresses the actual difficulty. It is not enough to show that recruitment has been hard; the employer needs to establish the relevant requirements and the basis for the proposed terms.
Choosing the agreement framework.
Different arrangements serve different purposes. These include industry labour agreements, company-specific agreements and DAMAs. We compare the available framework with the business’s activities, locations and workforce needs.
An existing industry framework may prescribe the terms available to that sector. A company-specific proposal requires a business-specific assessment. A DAMA depends on the relevant designated area and endorsement arrangements.
The proposed occupations, numbers, salary and candidate requirements need to be considered within the relevant framework. Terms available under one agreement should not be assumed to apply to another.
The employer’s case.
We examine the workforce need, attempts to recruit locally, proposed roles and the business’s capacity to employ the workers on the relevant terms. The proposed agreement needs to reflect the employer’s actual operations and plans.
For mining and construction businesses, project locations, the employing entity, workforce movements and contract arrangements may all affect the assessment. For technology, research and healthcare employers, specialist duties and the candidate’s background can require a detailed explanation.
Our immigration advice draws on experience gained since 2008. DAMAs and labour agreements form a substantial part of our work, including recruitment needs that do not fit standard sponsorship.
Agreement, nomination and visa requirements.
An approved agreement establishes a framework. It does not itself grant a visa to a worker. Each proposed nomination and application must meet the relevant requirements and the agreement’s terms.
We assess the candidate alongside the proposed agreement so the business can understand whether the terms address the intended hire. Where permanent residence is part of the plan, that pathway should also be examined early.
Ongoing recruitment and changes.
An employer using an agreement for repeated recruitment needs continuity between the agreed terms, new nominations and the people already employed. We can discuss an ongoing arrangement to advise on those matters.
Bring the business structure, locations, proposed roles and remuneration, recruitment history and any identified candidates. If an agreement is already in place, include the executed terms and relevant correspondence.
Frequently asked questions
How is a labour agreement different from standard sponsorship?
It provides an agreed framework for specified roles and visa requirements. The employer and worker still need to meet the applicable agreement, nomination and visa requirements.
Is a DAMA a type of labour agreement arrangement?
Yes. A DAMA sets a regional framework under which endorsed employers can request individual labour agreements. It has location, occupation and endorsement requirements.
Can you advise on an agreement already in place?
Yes. Bring the executed agreement, relevant correspondence and the proposed recruitment or change. We can assess the terms and discuss advice on nominations and ongoing use.
Official information
Read the current government guidance alongside advice for your circumstances.