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The Advertising Industry Labour Agreement is a formal migration pathway that enables Australian advertising and media businesses to sponsor skilled overseas workers for roles that cannot be filled through standard employer-sponsored visa programs. Negotiated between the Media Federation of Australia (MFA) and Advertising Council Australia (ACA) with the Department of Home Affairs, the agreement operates on pre-negotiated, fixed terms that eligible businesses can join without undertaking a separate negotiation from scratch. For agencies facing persistent gaps in specialist creative, digital, or media talent, it provides a structured, government-backed mechanism to access international professionals while upholding Australia’s labour market protections.
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Sabihin sa amin ang tungkol sa iyong sitwasyon, at babalik kami sa iyo sa lalong madaling panahon.
Sabihin sa amin ang tungkol sa iyong sitwasyon, at babalik kami sa iyo sa lalong madaling panahon.
Walang mga nakatagong gastos para sa aming mga serbisyo. Ang aming mga bayarin ay malinaw na nakatakda sa isang kasunduan sa bayad.
Mula sa unang parehong araw na tugon sa pagbibigay ng iyong visa, magkakaroon ka ng direktang pag access sa isang abogado.
Ang aming mga bihasang abogado ay magbibigay sa iyo ng mga regular na update at malinaw na paliwanag ng mga landas ng visa.
Nag aalok kami ng garantiya ng kasiyahan ng kliyente na may kaugnayan sa aming mga serbisyo sa aplikasyon ng visa.
3 - 6 na buwan na mga pagpipilian sa installment na magagamit sa ilang uri ng visa.
| Tampok | Detail |
|---|---|
| Agreement type | Industry labour agreement (pre-negotiated template, fixed conditions) |
| Negotiating bodies | Media Federation of Australia (MFA) and Advertising Council Australia (ACA) |
| Administering department | Department of Home Affairs |
| Visas available | Skills in Demand visa (Subclass 482) labour agreement stream; Employer Nomination Scheme (Subclass 186) labour agreement stream |
| Confirmed occupations | Advertising Specialist (ANZSCO 225111), Graphic Designer (ANZSCO 232411), Copywriter (ANZSCO 212411), Multimedia Designer (ANZSCO 232413), Web Developer (ANZSCO 261212) |
| Minimum Australian workforce | At least 75% of the sponsoring employer’s workforce must be Australian citizens or permanent residents |
| Annual visa cap | 300 approved visas per year across all participating businesses |
| Labour market testing | Compulsory before each nomination |
| Industry endorsement | Required from MFA or ACA before the Department of Home Affairs will consider a request |
| Agreement term | Up to five years from grant |
| Skill level concession | The agreement applies a concession reducing the standard skill level requirement; most occupations carry Skill Level 1 under ANZSCO but the agreement allows nomination at Skill Level 2 with at least three years of relevant experience |
| Pagtatasa ng mga kasanayan | Required via VETASSESS for most occupations prior to nomination |
| Salary requirement | Market salary rate for the role; specific salary floor depends on the executed agreement terms |
An industry labour agreement is a template arrangement with fixed terms and conditions negotiated between the Department of Home Affairs and an industry representative body on behalf of employers within a specific sector. The terms are set through a process involving demonstrated evidence of ongoing labour shortages and consultation across the industry, which means that individual businesses joining the agreement do not need to conduct a full negotiation from scratch. Instead, they need to satisfy the Department of Home Affairs that they meet the agreement’s requirements and obtain endorsement from the relevant industry body.
The Advertising Industry Labour Agreement was developed to address documented skills gaps in specialist advertising and media roles where the domestic workforce has been unable to meet sustained industry demand. It is authorised under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), which provide the legislative basis for the Australian Government to enter into labour agreements with employers experiencing genuine shortfalls that standard migration pathways cannot resolve.
For a broader overview of how labour agreements work, including company-specific and designated area migration agreements, see our Labour Agreements page.
Not every advertising or media business qualifies to participate in the agreement. To use the Advertising Industry Labour Agreement as a labour agreement sponsor, a business must satisfy several conditions.
The business must be operating lawfully in Australia within the advertising or media sector. The Department of Home Affairs assesses whether the business is genuinely active in the industry, not merely a nominal participant seeking migration access.
Endorsement from the MFA or ACA is required before the Department of Home Affairs will accept a labour agreement request. The MFA and ACA jointly manage their own pre-vetting process to confirm the business is a legitimate member organisation, that the sponsorship reflects a genuine need, and that the request is consistent with the agreement’s purpose.
The business must maintain at least 75% of its total workforce as Australian citizens or permanent residents at the time of each nomination. This is a fixed condition of the agreement and must be supported by current payroll or workforce composition data.
The business must have a satisfactory sponsorship compliance history. Prior adverse findings, outstanding migration-related liabilities, or a pattern of non-compliance with sponsorship obligations will weigh against approval.
The business must be able to demonstrate a genuine, documented need for the overseas worker, backed by evidence that local recruitment was conducted and did not identify a suitably qualified candidate.
The Advertising Industry Labour Agreement covers five occupations, confirmed across multiple active agreements on record with the Department of Home Affairs:
Under the standard ANZSCO classification, Advertising Specialist, Copywriter, Graphic Designer, and Multimedia Designer are each Skill Level 1 occupations, meaning they ordinarily require a bachelor degree or higher qualification. Web Developer (ANZSCO 261212) is classified at Skill Level 2. One of the key concessions negotiated under the Advertising Industry Labour Agreement is a reduction in the skill level requirement, allowing nomination at the equivalent of Skill Level 2 for most roles. As a condition of this concession, the agreement requires sponsored workers to hold at least three years of relevant work experience. A formal skills assessment through VETASSESS is required for Advertising Specialist, Copywriter, Graphic Designer, and Multimedia Designer prior to nomination.
It is worth noting that graphic designers, copywriters, multimedia designers, and web developers may be eligible for standard Skills in Demand visa sponsorship through the Core Skills Occupation List, depending on the salary offered and the employer’s circumstances. The advertising industry agreement pathway is most relevant where standard sponsorship is not available or where the employer’s situation makes the industry arrangement the more appropriate route. Our migration lawyers can assess which pathway best suits your business.
Once an advertising business has an executed Advertising Industry Labour Agreement, it can nominate skilled overseas workers under two distinct visa pathways.
The Skills in Demand visa (Subclass 482) is the temporary visa pathway for overseas advertising professionals sponsored under the agreement. The Skills in Demand visa replaced the former Temporary Skill Shortage (TSS) visa on 7 December 2024 and operates through three streams: Specialist Skills, Core Skills, and Labour Agreement. For businesses with an executed labour agreement, the Labour Agreement stream of the Subclass 482 is the applicable temporary sponsorship route. The salary and conditions for workers nominated under this stream are governed by the terms of the executed agreement rather than the general income thresholds that apply to the Core Skills and Specialist Skills streams.
Workers sponsored on a Subclass 482 Labour Agreement stream may be eligible to apply for permanent residence through the Labour Agreement stream of the Employer Nomination Scheme (Subclass 186) visa. Eligibility depends on the specific terms of the executed agreement, the worker’s English language proficiency, relevant work experience, and the employer’s continued compliance with sponsorship obligations. Because the requirements under this stream are defined by the agreement rather than the standard Subclass 186 criteria, certain concessions may be available in relation to age, English, or skills assessment requirements, subject to what was approved when the agreement was executed.
Businesses must pay each sponsored worker at the Annual Market Salary Rate (AMSR) for the nominated role, as required under Australian migration law. The executed agreement may also set a minimum salary floor for specific occupations. Because salary requirements under the Labour Agreement stream are determined by the agreement’s terms rather than a standard published threshold, the applicable figure should be confirmed against the current agreement template and Department of Home Affairs guidance before lodging any nomination. Our migration lawyers can assist with salary benchmarking advice.
Businesses participating in the Advertising Industry Labour Agreement are required to contribute to recognised industry training programs. This commitment reflects the broader policy objective that overseas sponsorship supplements rather than replaces domestic workforce development. The contribution supports programs designed to upskill Australian workers within the advertising sector.
Labour market testing is compulsory under the agreement and must be completed before each nomination is lodged. The business is required to advertise the position in Australia and document that no suitably qualified local candidate was available. The Department of Home Affairs has consistently applied rigorous standards to labour market testing; advertising that appears genuine but is not seriously intended to recruit locally will not satisfy the requirement. Testing should be thorough, conducted within the required timeframes, and retained in a form that can be submitted with the nomination.
The agreement may allow for certain concessions to standard visa criteria, such as modifications to English language requirements, age thresholds for permanent residence, or skills assessment conditions. Any concession must be specifically approved as part of the executed agreement and cannot be assumed based on other businesses’ arrangements. Employers should confirm the concession position in the current template before relying on any specific concession in a nomination.
Choosing the right pathway depends on the business’s circumstances, the occupation involved, and the salary being offered. The table below sets out when each approach is most appropriate.
| Consideration | Advertising industry labour agreement | Standard Skills in Demand sponsorship | Company-specific labour agreement |
|---|---|---|---|
| Best suited when | The occupation is on the template and the employer meets the 75% workforce ratio | The occupation is on the Core Skills Occupation List and salary meets the income threshold | The occupation does not appear on any standard list and does not fit the industry template |
| Endorsement required | Yes, from MFA or ACA | Hindi | Negotiated directly with Home Affairs |
| Negotiation with Home Affairs | Template terms apply; negotiation is limited | None required | Extensive; terms are fully negotiated |
| Workforce ratio condition | At least 75% Australian workforce | No ratio requirement | Set within the specific agreement |
| Permanent residence pathway | Subclass 186 Labour Agreement stream | Subclass 186 Direct Entry or Temporary Residence Transition stream | Subclass 186 Labour Agreement stream |
| Typical complexity | Moderate | Lower | High |
Where the occupation and salary allow for standard Skills in Demand sponsorship, that route will generally be faster and less administratively intensive. The advertising industry agreement is most relevant where standard sponsorship is not available for the role, or where the employer’s circumstances make the industry arrangement the most appropriate path. Our migration lawyers can assess your agency’s specific position and identify the most practical option.
Obtaining an Advertising Industry Labour Agreement involves several sequential steps and requires careful preparation at each stage. The process is more involved than standard employer sponsorship and typically takes several months from initial preparation through to execution.
Before approaching the Department of Home Affairs, the business must satisfy itself that it meets the agreement’s employer requirements and obtain a formal endorsement letter from the MFA or ACA. The endorsement confirms that the business is a legitimate industry participant and that the proposed sponsorship is consistent with the agreement’s intent. Without a valid endorsement, the Department of Home Affairs will not process the request.
Compulsory labour market testing must be completed before the request is submitted. The business must advertise the position in Australia through appropriate channels and retain documented evidence that no suitably qualified local candidate was identified. The testing must be conducted within the timeframes specified under migration law and must reflect a genuine recruitment effort.
The business submits a formal labour agreement request to the Department of Home Affairs. The request sets out the basis for the sponsorship, the nominated occupation or occupations, proposed salary and conditions, evidence of the genuine workforce need, labour market testing outcomes, and the industry body endorsement letter.
If the Department of Home Affairs is satisfied that the request meets the applicable requirements, the agreement is executed and the business becomes an approved labour agreement sponsor. The executed agreement sets out the specific conditions under which nominations can be made, including any approved concessions and the permitted number of nominations per year.
Once the agreement is in place, the business can lodge individual nominations for overseas workers under the Subclass 482 Labour Agreement stream. After the nomination is approved, the worker lodges their visa application. The Subclass 186 Labour Agreement stream for permanent residence becomes available once the worker has met the service and employment conditions specified in the agreement.
A labour agreement request is a detailed evidentiary submission. The Department of Home Affairs typically expects the following to be addressed:
Current business financials demonstrating the size and ongoing viability of the business
Workforce composition data confirming the 75% Australian workforce ratio is satisfied
Documented evidence of recruitment attempts that were unable to identify a suitable local candidate
A current endorsement letter from the MFA or ACA
Salary benchmarking demonstrating that the proposed remuneration meets the market salary rate for the role
A training contribution commitment explaining how the business will support the upskilling of Australian workers
Weak or incomplete documentation is one of the most frequently cited reasons for refusal or significant delay in processing labour agreement requests.
Holding an Advertising Industry Labour Agreement carries ongoing obligations that apply alongside the standard duties of an approved sponsor under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth).
Businesses must pay each sponsored worker at the salary rate specified in the agreement and must not reduce conditions below what was approved. Accurate employment records must be maintained and made available to the Department of Home Affairs upon request.
Any change in the worker’s employment arrangements, or any material change to the business that affects the accuracy of the information provided in the labour agreement request, must be reported to the Department of Home Affairs.
Businesses must adhere to the nomination ceiling set by the agreement. The industry-wide cap of 300 approved visas per year applies across all participating businesses, and individual agreements may also specify their own annual nomination limit.
The 75% Australian workforce ratio must be maintained at the time of each subsequent nomination, not only at the time the original agreement was executed. Businesses that fall below this threshold will be unable to lodge further nominations until the ratio is restored.
Training contribution commitments must be maintained for the full term of the agreement.
For a complete explanation of sponsor obligations under Australian migration law, see our Sponsorship Obligations page.
Understanding the most frequent grounds for refusal can help businesses prepare more effective submissions.
Requesting occupations that are not covered by the advertising industry template, without a sufficient basis for their inclusion, will result in the request being declined. Each nominated occupation must fall within the agreement’s fixed terms.
A request submitted without a valid, current endorsement letter from the MFA or ACA cannot proceed. Endorsement letters that have expired or that do not clearly confirm the business’s eligibility will not satisfy this requirement.
Labour market testing that was conducted outside the required timeframes, that relied on inadequate advertising channels, or that does not demonstrate a genuine effort to recruit locally is a common reason for refusal. Advertising that is notional rather than substantive will not satisfy the Department of Home Affairs.
Proposing a salary that falls below the market rate for the occupation, or that does not meet any salary floor set by the agreement, undermines the integrity of the request and will result in it being declined.
If the business cannot demonstrate at the time of the request that at least 75% of its workforce is composed of Australian citizens or permanent residents, the request will not meet the agreement’s conditions and cannot proceed.
Overseas workers cannot initiate a visa application under the Advertising Industry Labour Agreement independently. The agreement must be held by an Australian employer, and the employer is responsible for initiating the entire process, from obtaining industry endorsement through to lodging the formal labour agreement request with the Department of Home Affairs. Only after the agreement is executed and a nomination has been approved can the worker lodge their own visa application.
If you are an overseas advertising professional exploring whether an Australian employer might be able to sponsor you through this pathway, it is worth establishing whether a prospective employer is already a labour agreement sponsor or holds current MFA or ACA membership and is open to pursuing the process. Our migration lawyers can explain what the process involves from a worker’s perspective and advise on what to expect at each stage.
Our migration lawyers assist Australian advertising and media businesses at every stage of the labour agreement process. We can assess your agency’s eligibility before any formal steps are taken, advise on whether the industry agreement or an alternative pathway better fits your circumstances, and prepare the endorsement submission, labour market testing evidence, and labour agreement request documentation to the standard the Department of Home Affairs expects.
We also assist with individual nominations and visa applications once the agreement is in place, and provide ongoing compliance advice to help businesses meet their obligations throughout the term of the agreement.
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Nag aalok kami ng propesyonal na payo sa paglipat at suporta, kahit saan ka man nakabase. Ang mga matatagpuan sa Australia ay may pagpipilian na makipagkita sa amin sa isa sa aming mga opisina o online, at para sa mga nasa malayo sa pampang, available kami sa iyo online.
It is designed for Australian advertising and media businesses that are MFA or ACA members and are unable to fill specialist roles through standard employer-sponsored visa pathways.
No. Only an Australian employer can initiate a labour agreement request. An overseas worker cannot apply independently.
In some cases, yes. Depending on the occupation and the salary offered, certain roles may be accessible through standard Skills in Demand visa sponsorship via the Core Skills Occupation List. Our migration lawyers can assess which pathway is most appropriate for your business.
Yes. Workers sponsored under the Subclass 482 Labour Agreement stream may be eligible to apply for permanent residence through the Labour Agreement stream of the Employer Nomination Scheme (Subclass 186) visa, subject to the terms of the executed agreement and their individual circumstances.
Agreements are granted for up to five years. A business that wishes to continue sponsoring overseas workers after the agreement expires will need to apply for a new agreement.
The Department of Home Affairs does not publish processing times for labour agreement requests, and timeframes vary depending on the complexity of the submission and departmental workload. Contact our migration lawyers for guidance on realistic expectations.
If the occupation you need falls outside the advertising industry template, a company-specific labour agreement may be an option. This involves a more extensive negotiation directly with the Department of Home Affairs. Contact our migration lawyers to discuss whether this pathway is viable for your circumstances.
Based on active agreements on record, the agreement covers five occupations: Advertising Specialist (ANZSCO 225111), Graphic Designer (ANZSCO 232411), Copywriter (ANZSCO 212411), Multimedia Designer (ANZSCO 232413), and Web Developer (ANZSCO 261212). Agreement terms can change; contact our migration lawyers or check the Department of Home Affairs guidance for the current template position.
Si Perry Q Wood ay Immediate Past President ng Australian Institute of Administrative Law at isa sa mga nangungunang abogado sa administratibo, imigrasyon at karapatang pantao sa Australia.
Sabihin sa amin ng kaunti tungkol sa iyong sitwasyon, at ang isa sa aming mga abogado sa migration ay kokontakin ka sa lalong madaling panahon.
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