*Last updated on: 25 Nov 2024
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Subclass 482 & 494 -

Labour Agreement Stream

Tailored Solutions for Skilled Labour Needs

About the 482 and 494 Labour Agreement Stream Visas

The Subclass 482 Temporary Skill Shortage (TSS) Visa and the Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa under the Labour Agreement Stream offer tailored solutions for Australian employers seeking to address skill shortages through the employment of skilled overseas workers. Both visas operate under specific labour agreements negotiated between the employer and the Australian government, providing flexibility in meeting unique workforce needs while ensuring compliance with Australian labour laws.

482 Visa: Allows skilled workers to work for approved sponsors in Australia for up to four years, depending on the labour agreement terms.
494 Visa: Offers skilled workers the opportunity to live and work in regional areas of Australia for up to five years, with a pathway to permanent residency.

Eligibility for Applicants

Occupation

Applicants must be employed in an occupation listed under the specific labour agreement negotiated by their sponsoring employer.

Age Limit

482 Visa: No age restriction, unless otherwise specified by the labour agreement.

494 Visa: Must be under 45 years at the time of application, with potential exemptions in certain agreements.

Employer Nomination

Applicants must be nominated by a sponsoring Australian business that has an active Labour Agreement with the government. The position must align with the nominated occupation, and employment must be within the sponsoring business or its associated entities in accordance with the terms of the Labour Agreement.

Skills Assessment

A skills assessment may be required depending on the occupation and terms of the Labour Agreement. This assessment serves to verify the applicant's qualifications and experience in their nominated role.

Relevant Work Experience

482 Visa: A minimum of two years of relevant full-time experience is typically required unless a concession applies under the Labour Agreement.

494 Visa: Applicants should have at least three years of relevant full-time work experience in the nominated role, unless otherwise specified in the agreement.

Intent to Work

Applicants must demonstrate a genuine intention to perform the duties outlined in the Labour Agreement.

English Language Proficiency

English language requirements vary based on the labour agreement and must be met through approved testing or specified exemptions.

Health and Character Requirements

All applicants must meet Australian health and character requirements as a condition of the visa. Visa holders are required to have adequate health insurance for the duration of their stay in Australia.

Eligibility for Employers

1. Labour Agreement Requirement: Employers must have an active Labour Agreement with the Australian government, tailored to their specific workforce needs. Labour Agreements may include categories such as:

Industry Agreements: Covering industry-wide shortages.
Designated Area Migration Agreements (DAMA): Addressing regional needs.
Company-Specific Agreements: Tailored to a single business, especially for regions or occupations not covered by DAMA.
Project Agreements: Supporting large-scale projects.
Global Talent Employer Sponsored (GTES): For highly skilled niche roles.

3. Lawful Business Operation: The sponsoring business must operate lawfully in Australia and comply with relevant laws and regulations.

4. Genuine Need for Skilled Labour: Employers must demonstrate a genuine need for skilled workers that cannot be met locally, backed by efforts to hire Australian workers and a commitment to training.

5. Compliance Obligations: Sponsors must adhere to specific conditions and obligations under their Labour Agreement, including fair employment terms and regular reporting to the Department of Home Affairs.

6. No Adverse Information: The sponsoring business must be free of adverse information related to immigration, employment, and taxation laws.

Nomination Criteria

Salary Requirements: The nominated position must offer a base salary of at least AUD $53,900 per year (excluding non-monetary benefits) or as specified in the agreement, aligning with the Annual Market Salary Rate (AMSR) for comparable Australian workers.

Labour Market Testing (LMT): Employers must demonstrate genuine efforts to recruit local talent before sponsoring an overseas worker. Evidence of advertising and recruitment must meet specific criteria outlined by the Department of Home Affairs.

Application Process

Labour Agreement Request

The sponsoring employer submits a request for a Labour Agreement to the Department of Home Affairs, detailing their need for overseas workers and the terms of the agreement. Approved agreements are typically valid for five years.

Nomination Application

Once the Labour Agreement is approved, the employer nominates the overseas worker for a specific role under the agreement.

Visa Application

The applicant lodges their visa application, meeting all specified criteria, either in Australia or offshore. Visa applications are typically tied to the approved nomination and must align with its terms.

Duration and Permanent Residency Pathways

482 Visa: Valid for up to four years. Holders may transition to permanent residency through the Subclass 186 Employer Nomination Scheme (ENS), subject to meeting criteria.

494 Visa: Valid for up to five years and offers a pathway to permanent residency through the Subclass 191 Visa after meeting specific conditions, including residence and employment in regional areas.

Visa Costs and Fees

Nomination Fees:
482 Visa: AUD $330
494 Visa: Nil

Skilling Australians Fund (SAF) Levy:
Small Businesses (turnover < AUD $10 million p.a.): AUD $1,200 p.a. (482) / AUD $3,000 (494)
Larger Businesses: AUD $1,800 p.a. (482) / AUD $5,000 (494)

Visa Application Fees:
Vary based on primary applicant and dependents.

Note: Fees are subject to change based on government updates.

Key Benefits of The Visas under LA

1. Address Unique Workforce Needs: The Labour Agreement Stream enables employers to fill genuine skill gaps that cannot be met through the Australian workforce, providing a tailored solution for unique industry or regional demands.

2. Flexible Work Conditions: Skilled workers have the opportunity to work for approved sponsors under terms that address specific industry or regional needs, offering concessions that may not be available through standard visa streams (e.g., English language or skill requirements).

3. Pathway to Permanent Residency: For eligible visa holders, both the 482 and 494 Labour Agreement Stream Visas offer pathways to permanent residency through programs like the Subclass 186 Employer Nomination Scheme (ENS) or Subclass 191 Visa, subject to meeting specific criteria and terms of the labour agreement.

4. Inclusion of Family Members: Visa holders can include eligible dependents, such as spouses, partners, and children, in their applications, ensuring family unity during their stay in Australia.

5. Tailored Skill Development: This stream provides overseas workers with valuable work experience in Australia, aligning with specific industry standards and regional economic goals.

6.Multiple Travel Entries: Visa holders can travel freely in and out of Australia during the validity of their visa, ensuring flexibility for personal and professional needs.

Note: Benefits and specific conditions may vary depending on the terms of the labour agreement.

Family Members Eligible for Inclusion

Eligible family members may include:
1. Spouse or Partner: Legally married or de facto (including same-sex partners).
2. Dependent Children: Generally unmarried and under 18 years. Financially dependent children over 18 may also be eligible.
3. Other Dependents: In some cases, elderly parents or financially dependent relatives may be eligible.

Note: All family members must meet relevant eligibility and documentation criteria.

Your Questions Answered

What is the Labour Agreement Stream?

The Labour Agreement Stream allows Australian employers to sponsor skilled overseas workers to fill specific skill shortages through a tailored agreement negotiated with the Australian government. It offers flexibility to address unique industry or regional workforce needs.

How do Labour Agreement under 482 & 494 differ?

The 482 Visa is designed for skilled workers to work for approved sponsors across Australia, typically valid for up to four years. The 494 Visa focuses on regional employment, valid for up to five years, with a pathway to permanent residency through the Subclass 191 Visa.

What is a Labour Agreement, and who can use it?

A Labour Agreement is a formal arrangement between an employer and the Australian government to hire overseas workers for roles that cannot be filled locally. Employers across various industries, including those in regional areas, can use these agreements.

Can family members be included in a Labour Agreement Visa application?

Yes, primary visa holders can include their eligible dependents, such as spouses, partners, and children, in their application.

What are the key eligibility criteria for applicants?

Applicants must meet criteria such as holding a relevant position under the labour agreement, having the necessary work experience, meeting English proficiency requirements, and undergoing health and character checks.

What is the role of Labour Market Testing (LMT)?

Employers must demonstrate genuine efforts to recruit suitably skilled Australian workers before sponsoring an overseas worker, typically through evidence of recent job advertisements.

Can I change employers while holding a Labour Agreement Visa?

No, visa holders are tied to their sponsoring employer under the terms of the Labour Agreement. A change of employer would typically require a new sponsorship and nomination.

What happens if my employment ends while holding a Labour Agreement Visa?

If your employment ends, you may need to find a new employer with a Labour Agreement to sponsor you or find other visa options.

What are the salary and work condition requirements?

Employers must offer a base salary of at least AUD $53,900 per year or as specified by the agreement, along with conditions equivalent to Australian workers in similar roles.

How long does it take to process a Labour Agreement Visa?

Processing times vary, but typically 482 Visa applications are processed within 15 to 80 days, while 494 Visa applications may take 48 days to 6 months.

Do Labour Agreements allow for exemptions on standard requirements?

Yes, some agreements may offer concessions, such as relaxed English proficiency or skill requirements, depending on industry or regional needs.

Is health insurance required for visa holders?

Yes, all visa holders must have adequate health insurance coverage during their stay in Australia.

Can I study in Australia while holding a Labour Agreement Visa?

Yes, you can study, but your primary purpose must remain work, and studies should not interfere with your employment obligations.

What industries typically use Labour Agreements?

Industries experiencing significant skill shortages, such as agriculture, healthcare, hospitality, and construction, often utilise Labour Agreements.

Can a Labour Agreement be customized to suit a business's specific needs?

Yes, agreements are tailored to address a business's unique skill requirements, often offering flexibility not available through standard visa programs.

What are the obligations of a sponsoring employer?

Employers must comply with all conditions specified in the Labour Agreement, including fair employment terms, record-keeping, and non-discriminatory recruitment practices.

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