Sabihin sa amin ang tungkol sa iyong sitwasyon, at ang aming mga abogado sa imigrasyon ay babalik sa iyo sa lalong madaling panahon.
Sabihin sa amin ang tungkol sa iyong sitwasyon, at ang aming mga abogado sa imigrasyon ay babalik sa iyo sa lalong madaling panahon.
Ang pinakamalaking independiyenteng law firm sa migrasyon sa Australia. Kumuha ng LIBRENG Konsultasyon. May mga tuntunin at kundisyon na nalalapat.
Kailangan mo ba ng tulong? 7 days a week kami available.
Nominado para sa 2026 Telstra Best of Business Awards
Australia’s hospitality sector spans fine dining restaurants, hotels, pubs, clubs, cafes, and quick service venues, and the right sponsorship pathway depends almost entirely on the type of venue and the role being filled. The Restaurant (Premium Dining) Industry Labour Agreement is the only published industry template agreement for the hospitality sector, and it is available exclusively to qualifying fine dining establishments. For hotels, pubs, clubs, cafes, and quick service operators, the routes are different: a company-specific labour agreement, a Designated Area Migration Agreement (DAMA) in a regional area, or standard Skills in Demand visa sponsorship where the occupation and salary qualify. Getting the route right before any documentation is prepared avoids wasted months and failed applications.
Niraranggo ang Pinakamahusay na mga Abogado
2026 at 2027
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Mga Gantimpala sa Batas ng Australia
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Niraranggo ang Pinakamahusay na Batas
Mga Kumpanya sa Australia 2027
Niraranggo sa Doyle's
Gabay sa Nangungunang Imigrasyon
Mga Abogado 2023-26
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 |
|---|---|
| Industry labour agreement | Restaurant (Premium Dining) only — available to qualifying fine dining establishments; not available to hotels, pubs, clubs, cafes, or franchised restaurants |
| Occupations covered | Chef (ANZSCO 351311); Cook (ANZSCO 351411); Café or Restaurant Manager (ANZSCO 141111); Trade Waiter (Code 070499 — administrative code only, no formal ANZSCO) |
| Premium Dining definition | Non-franchised; revenue at least $2 million per annum; wine list; highly experienced staff; specialised front-of-house and back-of-house roles |
| Visa streams | Skills in Demand visa (Subclass 482); Skilled Employer Sponsored Regional visa (Subclass 494); Employer Nomination Scheme (Subclass 186) |
| Salary concession | None — standard CSIT or TSMIT applies |
| English concession (SID and SESR) | IELTS 5.0 overall; minimum 4.5 for listening and speaking; minimum 4.0 for reading and writing |
| English — ENS visa | Standard ENS requirements apply — no concession |
| Age concession | Under 55 for SESR and ENS nominations; no age limit for SID |
| ENS transition — Chef and Cook | At least two years as a primary Subclass 457 or 482 visa holder in the nominated occupation |
| ENS transition — Café or Restaurant Manager and Trade Waiter | At least three years as a primary Subclass 457 or 482 visa holder in the nominated occupation |
| Position requirement | Must be full-time, ongoing, and available for at least two years (SID and SESR nominations) |
| Labour market testing | Two attempts in the six months before lodging each nomination; at least one with national reach |
| Overseas workers cap | No more than one third of the total workforce in any 12-month period |
| Agreement term | Five years from execution |
| Relevant award | Restaurant Industry Award 2020 (MA000119) |
The right pathway depends on the venue type, the occupation, and the location.
| Venue type | Likely best route | Mga Tala |
|---|---|---|
| Fine dining restaurant (non-franchised, $2M+ revenue, wine list, specialised staff) | Restaurant (Premium Dining) Industry Labour Agreement | The only industry template agreement for hospitality; covers Chef, Cook, Café or Restaurant Manager, Trade Waiter |
| Hotel, pub, club, or large hospitality group | DAMA (if in a designated regional area) or company-specific labour agreement | No industry agreement available; DAMA hospitality occupations vary by region |
| Cafe or casual dining | Standard SID sponsorship (Chef is on the CSOL); DAMA or company-specific where standard sponsorship is unavailable | Cook and Café or Restaurant Manager carry caveats or have been removed from the CSOL |
| Quick service restaurant or franchise | See our Fast Food Labour Agreement page | Distinct considerations apply — fast food and franchised operators cannot access the Premium Dining agreement |
| Regional hospitality employer | DAMA (multiple Australian DAMAs cover hospitality occupations including Cook, Café or Restaurant Manager, Hotel Service Manager) | Check applicable DAMA for specific occupations and conditions |
Chef (ANZSCO 351311) remains on the Core Skills Occupation List (CSOL) and is accessible through standard Skills in Demand visa sponsorship where the salary meets the applicable Core Skills Income Threshold (CSIT) of $79,423 from 1 July 2026. This is the most straightforward route for employers who can meet the standard salary threshold and do not need the concessions available under the Premium Dining agreement. Skills assessment for Chef is through Trades Recognition Australia (TRA).
Cook (ANZSCO 351411) also remains on the CSOL but carries a caveat that excludes its use in fast food, takeaway, and limited-service restaurant settings. For full-service restaurants including fine dining venues, Cook can be sponsored through standard Skills in Demand sponsorship where the salary qualifies.
Café or Restaurant Manager (ANZSCO 141111) was removed from the CSOL on 7 December 2024 and is no longer available for standard 482 Core Skills or 186 Direct Entry sponsorship. It remains accessible through the Subclass 494 regional visa in designated regional areas and through labour agreements including the Premium Dining agreement and company-specific agreements.
The Restaurant (Premium Dining) Industry Labour Agreement is the only published industry template agreement for the hospitality sector. It is available exclusively to non-franchised fine dining establishments that meet the definition of “Premium Dining” as set out in the agreement template. Unlike a company-specific labour agreement, the Premium Dining agreement uses a standard template: the occupations, concessions, and conditions are fixed in advance and apply equally to every restaurant that enters the agreement.
The agreement covers four occupations and provides concessions on English language and age that are not available through standard employer sponsorship. The agreement must be renewed after five years and is reviewed after three years or on an annual basis where additional nomination ceilings are sought.
For a broader overview of how labour agreements work in Australia, see our Labour Agreements page.
The “Premium Dining” definition is set out in the official template and all six criteria must be satisfied simultaneously.
Nag empleyo ng mga kawaning may mataas na karanasan
Nag aalok ng listahan ng alak
Has revenue of at least $2 million per annum
Ay hindi franchised
Requires specialised front-of-house staff, including but not limited to Trade Waiters, Sommeliers, and Maître D’s
Requires specialised back-of-house staff, including but not limited to Wok Chefs, Sushi Chefs, and specialised cuisine Chefs
A franchised restaurant cannot qualify regardless of revenue or quality. A venue without a wine list cannot qualify. A venue without genuinely specialised front and back-of-house staffing requirements cannot qualify. If the venue’s circumstances change during the agreement term, for example if revenue falls below $2 million or the wine list is removed, the sponsor must notify the Department of Home Affairs within 30 days.
The practical evidence that supports a Premium Dining request includes current menus demonstrating specialised cuisine, a wine list, financial statements confirming the revenue threshold, details of the culinary credentials and experience of the kitchen team, and evidence of the restaurant’s profile such as awards or critical recognition.
The full range of chef specialisations is covered, including Wok Chefs, Sushi Chefs, and other specialised cuisine chefs. The template imposes no concessions to the standard ANZSCO task list for Chef. Standard ANZSCO qualifications and experience requirements apply. Skills assessment is through TRA.
Covered under the agreement with no concessions to the standard ANZSCO task list. Standard ANZSCO qualifications and experience requirements apply.
Covered under the agreement with no concessions to the standard ANZSCO task list. Since this occupation was removed from the CSOL in December 2024, the Premium Dining agreement is one of the few remaining pathways to sponsor a restaurant manager, alongside the Subclass 494 in regional areas and company-specific labour agreements.
There is currently no formal ANZSCO code for this occupation. For administrative purposes, sponsors use code 070499 when nominating a Trade Waiter. The agreement defines Trade Waiter duties as including setting and arranging tables; taking reservations, greeting customers, and presenting menus and beverage lists; recommending dishes and wines; taking orders and relaying them to kitchen and bar staff; serving food and beverages; opening bottles and pouring beverages including mixing liquor and assisting in the cellar; clearing tables; removing empty bottles and refilling glasses; and collecting payments. Five specialisations are recognised under the agreement: Drink Waiter, Formal Service Waiter, Silver Service Waiter, Sommelier, and Wine Steward.
For Trade Waiter, the qualification and experience requirements are: an AQF Certificate III in Hospitality (Restaurant Front of House) or equivalent assessed by a Registered Training Organisation, plus at least 12 months of relevant work experience in addition to any placements during the course of study; or at least 18 months of relevant work experience in Australia on a temporary visa; or at least two years of relevant experience.
All four occupations are available under all three visa streams.
Available for all four occupations for up to four years.
Available for all four occupations for five years in designated regional areas.
Available for all four occupations as the permanent residence pathway.
The ENS transition period differs by occupation and is one of the most important practical distinctions under this agreement. For Chef and Cook, the overseas worker must have been employed as a primary Subclass 457 or 482 visa holder in the nominated occupation for at least two years before the ENS nomination is made. For Café or Restaurant Manager and Trade Waiter, the required period is three years. This longer transition reflects the higher skill level and specialisation expected of front-of-house and management roles.
Hospitality employers who do not qualify for the Premium Dining agreement — including hotels, pubs, clubs, cafes, and non-fine-dining restaurants — have three main options depending on their location and the roles they need to fill.
Standard Skills in Demand visa sponsorship is the most straightforward route where it applies. Chef (ANZSCO 351311) is on the CSOL and can be sponsored through standard SID sponsorship where the salary meets the CSIT. Cook (ANZSCO 351411) is also on the CSOL with the caveat that it cannot be used in fast food, takeaway, or limited-service restaurant settings.
DAMAs cover a range of hospitality occupations in regional and remote Australia that are not available through standard sponsorship. The occupations covered, concessions available, and employer eligibility requirements differ by DAMA. Common hospitality occupations covered in various DAMAs include Cook, Café or Restaurant Manager, Hotel Service Manager, and Bar Attendant. Employers in a designated regional area should confirm which DAMA applies to their postcode and what occupations and concessions it provides before pursuing a company-specific agreement.
Company-specific labour agreements are available for hospitality employers who cannot access standard sponsorship or a DAMA, and where the employer can demonstrate a genuine and documented workforce shortage. This route requires the most extensive evidence and negotiation with the Department of Home Affairs, but it can be structured around the specific needs of the business.
The requirements for the Premium Dining agreement include one critical requirement that goes beyond standard sponsorship: the restaurant must satisfy all six Premium Dining criteria at the time of application and throughout the agreement term, and must notify the Department within 30 days if those criteria are no longer met. Beyond Premium Dining eligibility, all hospitality employers under a labour agreement must satisfy the following.
The business must have been lawfully and actively operating in Australia for the previous 12 months and must be financially viable, supported by a statement from a chartered or certified practising accountant.
The employer must demonstrate a genuine need for overseas workers in the nominated position. For the Premium Dining agreement, the labour market testing requirement is two separate advertising attempts conducted within the six months before lodging each nomination. At least one advertisement must have national reach. At least one may be local or regional.
Nominated positions must be full-time, ongoing, and available for at least two years. This requirement applies to SID and SESR nominations and is confirmed from the official template.
Sponsored workers must be paid at the applicable income threshold and at the Australian Market Salary Rate for the role. No salary concession applies under the Premium Dining agreement. The employer must also comply with the Restaurant Industry Award 2020 (MA000119) or any applicable enterprise agreement.
The employer must demonstrate a plan to reduce reliance on overseas workers over the term of the agreement. Overseas workers must not exceed one third of the employer’s total workforce in any 12-month period.
No concessions apply to qualifications or experience requirements under the Premium Dining agreement. Workers must meet the standard ANZSCO qualifications and experience requirements for their occupation. For Chef, skills assessment is through TRA. For SESR nominations, the worker must have at least two years of relevant work experience. For ENS nominations, the standard ANZSCO requirements apply alongside the two-year transition period.
No concessions apply. Standard ANZSCO qualifications and experience requirements must be met.
The qualification and experience requirements are as set out in the occupations section above. For SESR visa applications, the worker must have at least two years of relevant work experience. For ENS visa applications, the worker must have at least three years of full-time relevant work experience in Australia in the nominated occupation.
For SID and SESR visa applications, all four occupations require IELTS 5.0 overall with a minimum of 4.5 for listening and speaking and 4.0 for reading and writing. For ENS visa applications, the standard ENS English language requirements apply and there is no concession.
Workers must be under 55 at the time of SESR or ENS visa application lodgement. There is no age restriction for the SID visa.
All workers and accompanying family members must meet the health and character requirements under the Migration Act 1958 (Cth).
Before preparing any documentation, confirm whether your venue qualifies for the Premium Dining agreement, or whether a DAMA, company-specific agreement, or standard sponsorship is the appropriate route. For Premium Dining applicants, verify all six eligibility criteria against the template definition.
For the Premium Dining agreement, two LMT attempts must be completed in the six months before lodging each nomination. This is a shorter window than the 12 months required under most other labour agreements and is a common source of nomination refusal if not carefully managed. At least one advertisement must have national reach. At least one may be local or regional.
Lodge the request through ImmiAccount, providing evidence of Premium Dining eligibility (financial statements, menus, wine list, details of specialised staff), the genuine need for overseas workers, labour market testing outcomes, proposed salary arrangements, and any additional information required. The Department sets nomination ceilings for each year of the five-year agreement term.
Once the Department is satisfied, the agreement is executed. The employer can then lodge nominations within the approved ceilings. The agreement is reviewed after three years and on an annual basis where additional nomination ceilings are sought.
After the agreement is in place, the employer lodges a nomination for each overseas worker. Once approved, the worker lodges their visa application. The Skilling Australians Fund (SAF) levy is payable by the employer at each nomination.
A strong Premium Dining agreement request includes current menus demonstrating the venue’s culinary specialisation; a wine list confirming the premium dining classification; financial statements confirming revenue of at least $2 million per annum; evidence of the venue’s reputation such as awards, ratings, or critical recognition; documentation of the specialised credentials and experience of the kitchen and front-of-house team; vacancy data and evidence of genuine local recruitment attempts within the last six months; and salary benchmarking confirming proposed remuneration meets the standard income threshold and the Restaurant Industry Award 2020.
Sponsored hospitality workers must be paid at the applicable CSIT or TSMIT and at the Australian Market Salary Rate for the role. No salary concession applies under the Premium Dining agreement. Both must be met simultaneously.
The Restaurant Industry Award 2020 (MA000119) is the relevant federal award for most restaurant employees, covering chefs, cooks, waiters, and restaurant managers. For hotels and pub workers, the Hospitality Industry (General) Award 2020 (MA000009) is the relevant award. Enterprise agreements are common on larger operations and may set rates above the applicable award floor. All awards received a 4.75% increase from 1 July 2026.
Salary must be paid directly to the worker. The employer must not deduct amounts except where authorised by law, a modern award or Fair Work Act order, an enterprise agreement, or in writing by the worker for their own benefit. The employer must not charge the sponsored worker fees for services.
All sponsored workers must receive written workplace rights information within seven days of commencing employment.
If the venue ceases to qualify as a premium dining establishment during the agreement term, the sponsor must notify the Department within 30 days. Failure to notify while continuing to make nominations is a serious compliance breach.
For a full explanation of sponsor obligations, see our Sponsorship Obligations page.
The Premium Dining definition is strict and all six criteria are mandatory. A franchised restaurant cannot access the agreement regardless of the quality of its food or service. A venue without a wine list or with revenue below $2 million per annum cannot qualify. Applications that do not satisfy all criteria will be refused.
Cook (ANZSCO 351411) and Chef (ANZSCO 351311) are distinct occupations under ANZSCO with different skill levels, qualifications, and duties. Nominating a worker under the Chef code when their actual duties and qualifications are consistent with Cook, or vice versa, creates a compliance problem at nomination and skills assessment stage.
The Premium Dining agreement requires LMT evidence from within the six months before lodging each nomination. Evidence older than six months at the time of nomination lodgement will not satisfy the requirement. This is a shorter window than most other labour agreements and must be managed carefully for each individual nomination.
The hospitality sector has a well-documented history of award non-compliance, particularly on penalty rates, overtime, and casual loading. Sponsored workers must receive at least the applicable Restaurant Industry Award 2020 rate and the Australian Market Salary Rate. Underpayment of sponsored workers is both an industrial compliance breach and grounds for sanctions under the sponsorship framework.
If the venue’s revenue falls below $2 million, the wine list is removed, the restaurant becomes franchised, or the venue otherwise ceases to qualify as premium dining, the sponsor must notify the Department within 30 days. Continuing to lodge nominations under the agreement without notifying the Department of a disqualifying change is a serious compliance breach.
Overseas hospitality workers cannot apply for a labour agreement independently. The arrangement must be held by an Australian employer who lodges the nomination and takes on the associated obligations.
If you are an overseas chef, cook, restaurant manager, or Trade Waiter exploring sponsorship in Australia, the most useful first steps are confirming whether your occupation qualifies under the Premium Dining agreement or a DAMA in the region where you want to work, and obtaining a skills assessment before approaching a prospective employer. For chefs, TRA is the assessing authority. For Trade Waiters, an RTO assessment of overseas qualifications may be needed.
Permanent residence is available through the Subclass 186 Labour Agreement stream. For Chefs and Cooks, the transition period is two years as a primary 457 or 482 visa holder in the nominated occupation. For Café or Restaurant Managers and Trade Waiters, it is three years. Workers must be under 55 at the time of ENS visa application lodgement.
Our migration lawyers assist fine dining restaurants in assessing Premium Dining eligibility, preparing the agreement request, and managing nominations and visa applications. We also advise on the LMT timing requirements, the ENS transition period differences by occupation, award compliance, and the obligation to notify the Department if premium dining status changes.
For hotels, pubs, clubs, and cafes, we assess which alternative route best suits the employer’s situation and location, including DAMAs and company-specific agreements.
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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.
Fine dining restaurants that are non-franchised, have annual revenue of at least $2 million, offer a wine list, and employ specialised front-of-house and back-of-house staff can access the Restaurant (Premium Dining) Industry Labour Agreement. Hotels, pubs, clubs, and cafes should consider a DAMA if in a designated regional area, a company-specific labour agreement, or standard Skills in Demand visa sponsorship for roles on the CSOL. Quick service restaurants and franchised operators face different restrictions — see our Fast Food Labour Agreement page.
Permanent residence is available through the Subclass 186 Employer Nomination Scheme Labour Agreement stream. Chefs and Cooks must complete at least two years as a primary 457 or 482 visa holder in the nominated occupation. Café or Restaurant Managers and Trade Waiters must complete at least three years. All workers must be under 55 at the time of ENS application lodgement.
The venue must satisfy all six criteria in the official template definition: non-franchised; revenue of at least $2 million per annum; a wine list; highly experienced staff; specialised front-of-house staff; and specialised back-of-house staff. All criteria must be met simultaneously.
Outside of the Premium Dining agreement, standard sponsorship for front-of-house waiter roles is generally not available as there is no Trade Waiter code on the CSOL. The Premium Dining agreement is the primary pathway for sponsoring Trade Waiters in a fine dining context. In some regional areas, DAMA arrangements may cover hospitality front-of-house roles.
Hotels are not eligible for the Premium Dining agreement. However, hotels in designated regional areas may be able to access hospitality occupations through an applicable DAMA, and larger hotel groups may be able to negotiate a company-specific labour agreement. Standard Skills in Demand visa sponsorship is available for Chef where the salary meets the applicable threshold.
Yes. The Restaurant (Premium Dining) Industry Labour Agreement covers Chef (ANZSCO 351311), Cook (ANZSCO 351411), Café or Restaurant Manager (ANZSCO 141111), and Trade Waiter (Code 070499, including Sommeliers, Maître D’s, and other specialised waiter roles).
The Department of Home Affairs does not publish processing timeframes for labour agreement requests. Contact our migration lawyers for guidance on current conditions.
Chef (ANZSCO 351311) is on the CSOL and can be sponsored through standard Skills in Demand visa sponsorship where the salary meets the CSIT of $79,423 from 1 July 2026. A TRA skills assessment is required. For fine dining venues that qualify, the Premium Dining agreement provides an English language concession and a lower age barrier for permanent residence. For regional venues, a DAMA may also provide access.
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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