Fast Food Industry Labour Agreement | Australian Migration Lawyers

At a glance: key facts

NoneIndustry labour agreement for fast food

5 yearsMaximum agreement term

$2 millionPremium Dining revenue minimum (not for fast food)

HighDepartment scrutiny of fast food requests

Caratteristica	Detail
Industry labour agreement	None published for fast food or quick service restaurants
Restaurant (Premium Dining) agreement	Not available to fast food or franchised businesses
Cafe or Restaurant Manager (ANZSCO 141111)	Removed from the CSOL on 7 December 2024; not available for standard 482 Core Skills or 186 Direct Entry sponsorship
Cook (ANZSCO 351411)	Remains on the CSOL but carries a caveat explicitly excluding its use in fast food, takeaway, and limited-service restaurant settings
Chef (ANZSCO 351311)	On the CSOL but carries the same limited-service restaurant caveat as Cook
Available routes	Company-specific labour agreement; DAMA (regional operators); Subclass 494 for eligible occupations in regional areas
Crew roles	Not sponsorable in Category 1 or 2 locations; may be considered in exceptional Category 3 regional circumstances only
Franchise structure	Each employing franchisee entity needs its own arrangement; franchisor agreements do not cover franchisees
Visa pathways	Skills in Demand visa (Subclass 482) labour agreement stream; Employer Nomination Scheme (Subclass 186) labour agreement stream; Subclass 494 for regional operators
Relevant award	Fast Food Industry Award 2020 (MA000003)
Agreement term	Up to five years from execution
Department scrutiny	High — fast food is a high-compliance-risk sector; weak shortage evidence and award non-compliance increase the risk of refusal

Is there a fast food industry labour agreement?

Woman holding hotdogs in a food truck kitchen

No. Fast food and quick service restaurants are not among the sectors for which the Department of Home Affairs has published an industry template labour agreement. The nine published industry agreements cover: Dairy, Fishing, On-hire, Meat, Minister of Religion, Pork, Restaurant (Premium Dining), Advertising, and Horticulture. Fast food does not appear on this list.

The Restaurant (Premium Dining) Industry Labour Agreement is also not available to fast food operators. To access that agreement, an employer must be a non-franchised restaurant with annual revenue of at least $2 million, a wine list, and specialised front and back-of-house staff. These requirements exclude every franchise outlet and every quick service or fast casual restaurant by design, as confirmed from the official Premium Dining template published by the Department of Home Affairs.

For a broader overview of how the different types of labour agreements operate, see our Labour Agreements page.

Why fast food businesses struggle with standard sponsorship

The challenge for fast food operators extends beyond the absence of an industry agreement. The standard employer-sponsored visa programs present two distinct barriers for QSR businesses: one occupation that was historically used to sponsor restaurant managers has been removed from the CSOL entirely, and the skilled occupations that remain on the CSOL carry explicit legislative caveats that block their use in fast food and limited-service restaurant settings.

Cafe or Restaurant Manager (ANZSCO 141111) removed from the CSOL

When the Skills in Demand visa replaced the former Temporary Skill Shortage visa on 7 December 2024, Cafe or Restaurant Manager (ANZSCO 141111) was removed from the Core Skills Occupation List. It is no longer available for standard Skills in Demand visa Core Skills stream sponsorship or 186 Employer Nomination Scheme Direct Entry sponsorship by any employer, regardless of whether the business is a fast food outlet or a full-service restaurant. This was a significant policy shift that affected the entire restaurant and hospitality sector.

The occupation remains accessible through the Subclass 494 regional visa for regional employers, and through company-specific labour agreements and DAMAs. Under the ANZSCO classification, Fast Food Managers in Australia are not classified under ANZSCO 141111 at all — they fall within ANZSCO 142111 (Retail Manager General), which is also not available for standard employer-sponsored sponsorship.

The Cook and Chef caveats

Cook (ANZSCO 351411) and Chef (ANZSCO 351311) both remain on the CSOL but each carries an explicit caveat in the legislative instrument governing the Skills in Demand visa and the 186 Direct Entry stream. The caveat states that these occupations cannot be used where the position is in a limited-service restaurant. The instrument defines a limited-service restaurant as including:

a fast food or takeaway food service
a fast casual restaurant
a drinking establishment that offers only a limited food service
a limited service cafe, including a coffee shop or mall cafe
a limited service pizza restaurant

This means a QSR operator cannot use standard 482 or 186 Direct Entry sponsorship for a cook or chef in a fast food or takeaway setting, regardless of the worker’s qualifications or the salary offered.

What this means in practice

The combination of no industry agreement, the removal of ANZSCO 141111 from the CSOL, and the active caveats on Cook and Chef means that most fast food businesses have no standard employer-sponsored visa pathway for their core roles. The only genuine options are a company-specific labour agreement negotiated directly with the Department of Home Affairs, a DAMA in a designated regional area where the applicable DAMA covers the occupation and location, or the Subclass 494 regional visa for ANZSCO 141111 in regional areas.

Your routes to sponsor fast food staff

Consideration	Standard SID/186 sponsorship	Company-specific labour agreement	DAMA
Best suited when	Not available for core fast food roles — key occupations are either off the CSOL or carry caveats excluding fast food settings	Genuine shortage in a specific role; operator can make a compelling case; occupation at Skill Level 1 to 4	Operator in a designated regional area with an applicable DAMA that lists the occupation
Industry agreement available	No	No	No
Occupation barrier	ANZSCO 141111 off CSOL; Cook and Chef on CSOL but caveat applies in fast food settings	Caveat bypassed if occupation included in the agreement	Bypassed under DAMA terms if occupation is listed
Concessions available	No	Yes — salary, English, age, experience — negotiated individually	Pre-agreed per the specific DAMA terms
Negotiation required	Nessuno	Extensive, including mandatory stakeholder consultation	DAMA endorsement from designated area representative, then individual employer agreement
Crew roles	Not accessible	Not accessible in Category 1 or 2; possible in exceptional Category 3 circumstances only	May be accessible in some regional DAMAs
Percorso di pubbliche relazioni	Subclass 186 TRT stream only for existing 482 holders transitioning	Subclass 186 Labour Agreement stream	Subclass 186 Labour Agreement stream or Subclass 191 regional

Franchise businesses: who holds the agreement?

A labour agreement is entered into between a specific employing legal entity and the Commonwealth. A franchisor’s labour agreement, sponsorship approval, or standard business sponsorship does not extend to franchisees. Each franchisee who wants to sponsor overseas workers must obtain its own sponsorship approval and, if pursuing a labour agreement, negotiate its own agreement with the Department of Home Affairs.

For multi-site franchise operators where each site is operated under a separate corporate entity, each entity must hold its own arrangement. A franchisor cannot sponsor a worker and place them in a franchisee’s store. Getting the employing entity structure right before any sponsorship arrangement is prepared is essential.

Fast food roles that can be sponsored

The roles that may realistically be included in a company-specific labour agreement for a fast food operator are limited. The Department of Home Affairs will generally only consider occupations at ANZSCO Skill Level 1 to 4 for a company-specific agreement. Most front-line crew roles in fast food are Skill Level 5 and are not eligible in Category 1 or 2 locations.

Store or Restaurant Manager

A senior management role with genuine operational responsibility may be included in a company-specific labour agreement. Under the labour agreement, the occupation list caveat that would otherwise apply to ANZSCO 141111 under standard sponsorship is bypassed by the terms of the agreement. Whether the Department will include a QSR store manager role depends heavily on how the role is defined, what the operator can demonstrate about the genuine shortage, and the strength of the overall business case.

Cuoco

Similarly, a cook with genuine qualifications and skills may be included in a company-specific labour agreement, with the standard caveat bypassed by the agreement terms. The operator must demonstrate that the role constitutes genuine skilled cook work and document the genuine shortage.

Chef

The same position applies for Chef (ANZSCO 351311). Inclusion in a labour agreement bypasses the standard limited-service restaurant caveat, but the employer must make a compelling case.

Crew roles

Standard fast food crew roles are at ANZSCO Skill Level 5. A company-specific labour agreement will generally not be approved for Skill Level 5 roles in Category 1 or 2 locations. In Category 3 regional areas, consideration may be given to Skill Level 5 positions in exceptional circumstances where a strong business case is provided.

Visa options under a fast food labour agreement

Temporaneo

Skills in Demand visa (Subclass 482) labour agreement stream

Once a company-specific labour agreement is executed and a nomination is approved, the overseas worker applies for a Skills in Demand visa (Subclass 482) under the Labour Agreement stream. Salary requirements and any approved concessions are governed by the terms of the executed agreement. The visa is granted for up to four years. The salary must meet or exceed the Fast Food Industry Award 2020 (MA000003) minimum for the relevant classification and the applicable income threshold or any negotiated concession rate.

Permanent

Employer Nomination Scheme (Subclass 186) labour agreement stream

Workers sponsored under a company-specific labour agreement may be eligible for permanent residence through the Labour Agreement stream of the Employer Nomination Scheme (Subclass 186), subject to the terms of the executed agreement and the worker meeting the relevant employment, English language, and age requirements.

Provisional regional

Skilled Employer Sponsored Regional visa (Subclass 494)

For fast food operators in designated regional areas, the Subclass 494 may be available for occupations listed under an applicable DAMA, or for ANZSCO 141111 (Cafe or Restaurant Manager) which remains on the regional occupation list even after its removal from the CSOL. Regional operators should confirm which occupations their applicable DAMA covers and whether the Subclass 494 is accessible for their specific location before assuming it is available.

Concessions you can request

Concessions under a company-specific labour agreement are not guaranteed and must each be supported by specific evidence accepted by the Department of Home Affairs during negotiation. The Department scrutinises fast food labour agreement requests carefully.

English language

A reduced English language requirement may be negotiable for workers with genuine skills and experience who cannot meet the standard test score thresholds. For Category 1 city locations, English language concessions require Ministerial approval.

Soglia salariale

Salary concessions are available for Category 3 regional locations only. They are not available in Category 1 (Sydney, Melbourne, Brisbane) or Category 2 locations. A salary concession does not permit paying below the Fast Food Industry Award 2020 minimum for the relevant classification.

Experience and skills assessment

Where standard experience or skills assessment requirements present a genuine barrier, concessions may be negotiable in Category 2 or 3 regional locations. For Category 1 locations, these concessions require Ministerial approval.

Why Home Affairs scrutinises fast food requests closely

The fast food sector has a well-documented compliance history. The Fair Work Ombudsman’s compliance campaigns have consistently identified high rates of non-compliance in the sector, particularly for penalty rates and junior rates under the Fast Food Industry Award 2020. A labour agreement request from a fast food operator with any adverse compliance history, including Fair Work Ombudsman findings, will face heightened scrutiny. Operators with clean compliance records and well-documented genuine shortages are in a significantly stronger position.

Requirements for fast food employers

The employer 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 shortage of suitably qualified workers for the nominated positions. Generic assertions about industry-wide workforce pressures will not suffice. The evidence must be specific to the employer’s stores and locations, documenting how many positions are vacant, how long they have been vacant, what local recruitment has been attempted, and what the operational impact of the shortage is.
Compulsory labour market testing must be completed before any nomination is lodged. Evidence of recent genuine recruitment attempts must accompany the request.
The employer must pay each sponsored worker at least the minimum rate required under the Fast Food Industry Award 2020 (MA000003) for the relevant classification, and at least the applicable income threshold or any negotiated concession rate, whichever is higher. The employer must also pay the Australian Market Salary Rate for the role.
The employer must demonstrate a plan to reduce reliance on overseas workers over the term of the agreement and to develop its Australian workforce.
Mandatory stakeholder consultation must be completed before the request is submitted, consulting with the industry body that best represents the employer’s interests, the relevant union for the nominated occupation, and any other agency or community group that may be affected. All correspondence must accompany the request. Failure to include this evidence will result in the request being returned without assessment.
Overseas workers must not exceed 30% of the total workforce in Category 1 city locations, 50% in Category 2, with no prescribed limit for Category 3 regional areas.

Requirements for overseas workers

The qualifications and experience required depend on the occupation and visa stream as specified in the executed agreement. Where a skills assessment is mandatory under the standard visa program for the nominated occupation, it must be completed before the nomination is lodged.

All workers must meet the English language requirement applicable to their visa stream and any concession negotiated in the agreement, and the health and character requirements under the Migration Act 1958 (Cth).

How to get a fast food labour agreement

Assess your route
Before preparing any documentation, confirm whether a labour agreement is genuinely available for your situation and whether DAMA access is an option for your location. Our migration lawyers can assess whether the roles you need to fill are realistically sponsorable, what concessions you may need, and whether the overall case is strong enough to pursue.
Confirm your entity structure
Each employing legal entity that wants to sponsor overseas workers must hold its own arrangement. If your stores operate under separate corporate entities, confirm the correct employing structure before any request is prepared.
Consult stakeholders
Before lodging the request, consult with the industry body that best represents your interests, the relevant union for the nominated occupation, and any other affected agency or community group. Each stakeholder must be given at least 10 working days to respond, with a five-working-day follow-up if no response is received. All correspondence must be included with the request.
Effettuare analisi del mercato del lavoro
Compulsory labour market testing must be completed before lodging the request. Advertise through appropriate channels, document all outcomes, and retain the evidence for submission.
Prepare and lodge the request
Lodge the formal request through ImmiAccount, including the basis for the agreement, the nominated occupations, proposed salary and conditions, evidence of genuine workforce need, labour market testing outcomes, concession requests with supporting justification, and stakeholder consultation outcomes. The request must include store-level vacancy and recruitment data, the employer’s trading hours and staffing model, the workforce plan, and salary benchmarking against the Fast Food Industry Award 2020.
Agreement negotiated and executed
The Department of Home Affairs reviews the submission and, if satisfied, negotiates and executes the agreement. Processing timeframes are not published. Once executed, the agreement must be signed and returned within four weeks.
Lodge nominations and visa applications
After the agreement is in place, the employer lodges nominations for each sponsored worker. The SAF levy is payable at each nomination. Once a nomination is approved, the worker lodges their visa application.

What the Department of Home Affairs expects to see

Store-level vacancy data and documentation of genuine recruitment attempts at each affected location
Evidence of trading hours, staffing models, and the operational impact of the vacancy
A workforce plan demonstrating how reliance on overseas workers will decrease over the agreement term
Salary benchmarking confirming the proposed remuneration meets or exceeds the Fast Food Industry Award 2020 minimum and the applicable income threshold
Compliance records demonstrating a clean history under Fair Work and immigration law
Stakeholder consultation outcomes with all correspondence

Award, pay and compliance obligations

Sponsored workers in fast food businesses must be paid at least the minimum rate required under the Fast Food Industry Award 2020 (MA000003) for the relevant classification. The Fast Food Industry Award is the federal modern award that covers employers in the fast food industry and employees who fall within the award’s classification structure. It covers taking orders for, preparing, selling, and delivering fast food mainly for takeaway, including food and beverages sold in food courts, shopping centres, and retail complexes.

Sponsored workers must also be paid the Australian Market Salary Rate for their role and at least the applicable income threshold or negotiated concession rate. The employer must not pay sponsored workers less than Australian workers in equivalent roles at the same location.

Salary must be paid directly to the worker. The employer must not deduct amounts from the worker’s pay 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 sponsored workers fees for services, including fees for securing their employment or their nomination.

All sponsored workers must be provided with workplace rights information in writing within seven days of commencing employment.

The Skilling Australians Fund (SAF) levy is payable by the employer at each nomination. The current levy rate depends on the employer’s annual turnover.

For a full explanation of sponsor obligations, see our Sponsorship Obligations page.

Common mistakes fast food employers make

Assuming the Premium Dining agreement covers fast food

The Restaurant (Premium Dining) Industry Labour Agreement explicitly requires the business to be non-franchised, to have a wine list and annual revenue of at least $2 million, and to meet the definition of a premium dining establishment. A QSR operator or franchise cannot access this agreement.

Attempting standard 482 or 186 sponsorship for core restaurant roles

Cafe or Restaurant Manager (ANZSCO 141111) is no longer on the CSOL and cannot be used for standard 482 Core Skills or 186 Direct Entry sponsorship by any employer. Cook (ANZSCO 351411) and Chef (ANZSCO 351311) remain on the CSOL but carry caveats that explicitly exclude their use in fast food, takeaway, and limited-service restaurant settings. Attempting standard sponsorship for these roles in a fast food business will result in nomination refusal.

Treating crew roles as sponsorable without evidence

Crew and front-line roles in fast food are generally at ANZSCO Skill Level 5 and are not accessible under a company-specific labour agreement in Category 1 or 2 locations. Operators who include Skill Level 5 crew roles in a labour agreement request without an exceptional Category 3 regional business case will find those roles excluded from any approved agreement.

Franchisee sponsoring under the franchisor’s ABN or agreement

A franchisee cannot sponsor workers under the franchisor’s agreement or ABN. Each employing entity must hold its own arrangement. Getting this wrong creates immigration compliance exposure for both the franchisee and the sponsored worker.

Weak shortage evidence

Asserting that the fast food sector broadly faces workforce pressures will not satisfy the Department. Store-level vacancy data, documented recruitment attempts, and evidence of the operational impact are required. General industry data alone will not support an approval.

Underpaying sponsored workers

A sponsored worker must be paid at least the Fast Food Industry Award 2020 minimum for their classification and the Australian Market Salary Rate. The sector’s compliance history means the Department will scrutinise pay arrangements carefully. Underpayment is both an industrial compliance breach and grounds for sanctions under the sponsorship framework.

Information for overseas fast food workers

Overseas workers cannot apply for a labour agreement independently. The arrangement must be held by an Australian employer, who negotiates the agreement and lodges the nomination. Only after the nomination is approved can the worker apply for their visa.

Given the significant restrictions that apply to standard sponsorship in the fast food sector, overseas workers should be realistic about the pathways available. Sponsorship is most likely where the employer has a company-specific labour agreement already in place or is actively pursuing one, and where the role is a genuine management or skilled cook position with the documentation to support it.

Permanent residence may be available through the Subclass 186 Labour Agreement stream where the agreement provides for it and the worker meets the agreed employment period, English language, and age requirements.

Waitress serving a couple at an outdoor restaurant table

How our migration lawyers can help

Our migration lawyers assist fast food operators and franchise businesses in assessing whether their situation supports a labour agreement request, identifying which roles are realistically sponsorable, and preparing a submission that addresses the Department’s requirements. This includes the occupation framing, shortage evidence, stakeholder consultation, and compliance documentation. We also advise on franchise entity structuring, multi-site sponsorship arrangements, and obligations under the Fast Food Industry Award 2020.

Book a consultation to find the right sponsorship route for your stores

If your fast food business or franchise operation is facing a genuine workforce shortage that standard sponsorship cannot address, our migration lawyers can assess whether a labour agreement or DAMA is available for your situation and prepare the strongest possible case. Book a consultation to discuss your stores, your roles, and the options available.

This page is general information only and does not constitute migration or legal advice. Requirements change. Confirm current terms with the Department of Home Affairs or a registered migration lawyer before proceeding.