Hospitality Labour Agreement and Visa Sponsorship

At a glance: key facts

特集	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)

Your routes to sponsor hospitality staff

The right pathway depends on the venue type, the occupation, and the location.

Venue type	Likely best route	注記
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

Standard sponsorship for chefs

Chef (ANZSCO 351311)

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)

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)

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.

レストラン（高級レストラン）業界労働協定

Elegant couple enjoying a fine dining experience

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.

Does your venue qualify as “Premium Dining”?

The “Premium Dining” definition is set out in the official template and all six criteria must be satisfied simultaneously.

Criterion 1

経験豊富なスタッフを採用

Criterion 2

ワインリストを提供

Criterion 3

Has revenue of at least $2 million per annum

Criterion 4

非フランチャイズ

Criterion 5

Requires specialised front-of-house staff, including but not limited to Trade Waiters, Sommeliers, and Maître D’s

Criterion 6

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.

Occupations covered under the Premium Dining agreement

Chef (ANZSCO 351311)

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.

Cook (ANZSCO 351411)

Covered under the agreement with no concessions to the standard ANZSCO task list. Standard ANZSCO qualifications and experience requirements apply.

Café or Restaurant Manager (ANZSCO 141111)

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.

Trade Waiter (Code 070499)

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.

Visa streams and ENS transition periods

All four occupations are available under all three visa streams.

一時的な

Skills in Demand visa (Subclass 482)

Available for all four occupations for up to four years.

地域

Skilled Employer Sponsored Regional visa (Subclass 494)

Available for all four occupations for five years in designated regional areas.

Permanent

雇用主指名制度（サブクラス186）

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.

Hotels, pubs, clubs and cafes: other options

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 sponsorship

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.

指定地域移行協定（DAMAs）

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

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.

Requirements for hospitality employers

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.

Requirements for overseas hospitality workers

Chef and Cook

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.

カフェまたはレストランのマネージャー

No concessions apply. Standard ANZSCO qualifications and experience requirements must be met.

貿易ウェイター

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.

English language

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.

年齢

Workers must be under 55 at the time of SESR or ENS visa application lodgement. There is no age restriction for the SID visa.

Health and character

All workers and accompanying family members must meet the health and character requirements under the Migration Act 1958 (Cth).

How to get a hospitality labour agreement

Assess your venue and route
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.
労働市場調査を実施する
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.
Prepare and lodge the agreement request
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.
Agreement executed
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.
Lodge nominations and visa applications
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.

What the Department of Home Affairs expects to see

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.

Pay and compliance obligations

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.

Common hospitality sponsorship mistakes

Franchised or non-qualifying venues applying for the Premium Dining agreement

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.

Nominating cooks as chefs

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.

Using labour market testing evidence that is more than six months old

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.

Underpaying penalty rates

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.

Failing to notify a change in Premium Dining status

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.

Information for overseas hospitality workers

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.

Customers ordering at a restaurant while talking to a waiter

How our migration lawyers can help

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.

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

Whether you operate a fine dining restaurant, a regional hotel, or a multi-venue hospitality group, our migration lawyers can assess which sponsorship route is available for your venue and manage the process from request through to visa grant.

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 publishing.