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Labour Agreements for the IT Sector: How Australian Tech Employers Sponsor Overseas ICT Talent

There is no IT industry labour agreement in Australia. The Department of Home Affairs has not published a template agreement for the technology or information and communications technology sector, which means tech employers cannot join a pre-existing industry arrangement. What most IT employers do not realise, however, is that the absence of an industry agreement rarely matters in practice. The majority of ICT roles are directly sponsorable through the standard employer-sponsored visa program, and for high-salary roles the Specialist Skills stream removes occupation list constraints entirely. Labour agreements become relevant for a narrower set of situations: emerging roles without a clear ANZSCO mapping, employers who place staff at client sites, businesses seeking concessions on age or English, or large-volume hirers who need to negotiate bespoke terms. Understanding which route applies to your situation saves time, legal fees, and failed applications.

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At a glance: key facts

特集Detail
IT Industry Labour AgreementNone published — IT is not among the ten published industry template agreements
Standard Sponsorship AvailabilityBroad — most ICT occupations are on the CSOL; high-salary roles use the Specialist Skills stream with no occupation list
コアスキル所得基準(CSIT)$79,423 from 1 July 2026 — applies to Skills in Demand visa (Subclass 482) Core Skills stream and Subclass 186 ENS
専門技能所得基準額(SSIT)$146,576 from 1 July 2026 — no occupation list required for roles meeting this threshold
Labour Agreement Types Available for ITCompany-specific labour agreement; On-hire Industry Labour Agreement (for IT consultancies placing staff with clients)
DAMA AvailabilityAvailable for regional IT employers where the applicable DAMA covers ICT occupations
Key ICT Occupations on CSOLSoftware Engineer, Developer Programmer, Analyst Programmer, ICT Business Analyst, Systems Analyst, Web Developer, Cyber Security Engineer, Cyber Security Analyst, DevOps Engineer, and others
技能評価機関Australian Computer Society (ACS) for most ICT occupations
ACS Assessment PathwaysPost Australian Study; General Skills; Recognition of Prior Learning (RPL) for experienced professionals without an ICT degree; Skills in Demand pathway
ビザ取得の道筋Skills in Demand visa (Subclass 482); Employer Nomination Scheme (Subclass 186); Subclass 494 for regional employers

Is there an IT industry labour agreement?

No. Information technology and ICT are not among the sectors for which the Department of Home Affairs has published an industry template labour agreement. The ten published industry agreements cover: Dairy, Fishing, On-hire, Meat, Minister of Religion, Pork, Restaurant (Premium Dining), Advertising, Horticulture, and Aged Care. Technology does not appear on this list.

This means IT employers cannot access a pre-negotiated industry template with fixed concession terms the way, for example, a horticulture grower or a fine dining restaurant can. Any labour agreement for an IT employer must be negotiated directly with the Department as a company-specific arrangement, or, for IT staffing businesses that place workers with clients, through the On-hire Industry Labour Agreement.

For a broader overview of how labour agreements work in Australia, see our Labour Agreements page.

Software developers working together in an office

Do you actually need a labour agreement?

Most tech employers do not need a labour agreement. The majority of ICT occupations are directly accessible through the standard employer-sponsored visa program, and for high-paying roles the Specialist Skills stream of the Skills in Demand visa removes the occupation list requirement entirely.

The Core Skills stream

The Core Skills stream of the Skills in Demand visa (Subclass 482) requires the nominated occupation to be on the Core Skills Occupation List (CSOL). The CSOL includes a broad range of ICT occupations covering software development, cyber security, systems analysis, business analysis, and web development. For most mainstream tech roles, standard Core Skills sponsorship is the simplest and fastest route.

The Specialist Skills stream

The Specialist Skills stream is designed for highly skilled, high-earning professionals. It has no occupation list requirement: any occupation within ANZSCO Major Groups 1, 2, 4, 5, or 6 qualifies, provided the salary meets or exceeds the Specialist Skills Income Threshold (SSIT) of $146,576 from 1 July 2026. Because ICT occupations fall within ANZSCO Major Group 2 (Professionals), every ICT role is eligible for the Specialist Skills stream where the salary qualifies. The stream receives priority processing and provides the same PR pathway as the Core Skills stream: workers can transition to permanent residence through the Subclass 186 Temporary Residence Transition (TRT) stream after two years of eligible sponsored employment with an approved sponsor.

The Specialist Skills stream is particularly useful for emerging or niche tech roles that do not map clearly to an existing ANZSCO code on the CSOL, and for senior specialists and architects whose market rate exceeds the SSIT.

When a labour agreement becomes relevant

A company-specific labour agreement becomes worth pursuing when standard sponsorship does not meet the employer’s needs. The most common situations for IT employers are:

  • A role that does not map to any occupation on the CSOL, and where the salary does not meet the SSIT. Emerging roles in artificial intelligence, machine learning, and specialised data engineering sometimes fall into this gap.
  • The employer needs a concession that standard sponsorship does not provide, such as a lower English language requirement, an age concession for a worker over 45 applying for permanent residence, or a reduced experience requirement.
  • The employer places sponsored workers at client sites rather than having them work directly for the employer. Standard sponsorship prohibits on-hire arrangements. An On-hire Industry Labour Agreement is the correct pathway for IT staffing and consulting businesses operating this model.
  • The employer has a large volume of ongoing ICT sponsorship needs and wants to negotiate bespoke terms rather than operate nomination by nomination.

Your routes to sponsor IT workers

ConsiderationStandard SID Core Skills streamStandard SID Specialist Skills streamCompany-specific labour agreementOn-hire labour agreementDAMA
Best suited whenRole on CSOL; salary meets CSIT ($79,423)Any ICT role; salary meets SSIT ($146,576)Role off CSOL and below SSIT; concessions needed; large-volume bespoke needsIT staffing or consulting business placing workers with client organisationsEmployer in a designated regional area where DAMA covers the ICT occupation
IT industry agreementいいえいいえいいえYes (On-hire is a published industry agreement)いいえ
Occupation list requiredYes (CSOL)いいえいいえSpecified in agreementPer DAMA terms
給与の下限額CSIT ($79,423)SSIT ($146,576)Negotiated (concessions possible)Per agreement termsPer DAMA terms
Concessions availableいいえいいえYes — age, English, salary, experiencePer agreement termsPer DAMA terms
ProcessingStandardPriority (seven-day target)Standard after agreement executedStandard after agreement executedStandard
PR経路Subclass 186 TRT after two yearsSubclass 186 TRT after two yearsSubclass 186 Labour Agreement streamSubclass 186 Labour Agreement streamSubclass 186 Labour Agreement or Subclass 191

IT consultancies and contractors: the on-hire arrangement

Standard employer sponsorship in Australia is premised on a direct employment relationship. The sponsoring employer nominates the worker, employs the worker, and the worker performs duties for that employer. An employer that sponsors a worker and then places them at a client’s site to perform work for the client is engaging in an on-hire arrangement, which is not permitted under standard sponsorship regardless of how the contracts are structured.

For IT consultancies, staffing firms, and managed services providers whose business model involves placing workers with client organisations, the On-hire Industry Labour Agreement is the correct pathway. The labour hire company becomes the approved sponsor and the direct employer of the visa holder. The worker is then placed with the client host, with the sponsoring labour hire company remaining responsible for all sponsorship obligations including salary, visa compliance, and working conditions. The On-hire agreement explicitly covers the IT sector and a number of established IT staffing companies hold agreements of this type.

The same restriction applies in reverse: a business that wants to use an IT staffing company to source overseas workers cannot simply rely on the staffing company’s standard business sponsorship if the worker is on a standard employer-sponsored visa. The correct mechanism is the staffing company holding an On-hire Labour Agreement.

ICT occupations commonly sponsored

The table below lists the ICT occupations most commonly sponsored under the standard Skills in Demand visa Core Skills stream, with their ANZSCO codes as they appear on the CSOL. All are assessed by the Australian Computer Society (ACS).

職業ANZSCOコードCSOLSkill level
ICTビジネスアナリスト261111はい1
システムアナリスト261112はい1
ウェブデベロッパー261212はい2
アナリスト・プログラマー261311はい1
開発者 プログラマー261312はい1
ソフトウェア・エンジニア261313はい1
ソフトウェア・テスター261314はい1
Cyber Security Engineer261315はい1
DevOps Engineer261316はい1
Software and Applications Programmers NEC261399はい1
Cyber Security Advisor262115はい1
Cyber Security Analyst262116はい1
Cyber Security Architect262117はい1
Cyber Security Operations Coordinator262118はい1

Emerging and niche roles

Artificial intelligence, machine learning, large language model engineering, data engineering, cloud architecture, and other emerging roles do not always map neatly to an existing ANZSCO occupation code. Where an emerging role’s duties align substantially with a listed ANZSCO occupation, that code can typically be used and standard sponsorship applies. Where the duties are genuinely novel and do not align with any listed occupation, a company-specific labour agreement may be needed to sponsor the role, alongside a well-documented case to the Department of Home Affairs explaining why no existing code fits.

The Specialist Skills stream is often a simpler solution for emerging roles where the salary meets the $146,576 SSIT, because it removes the occupation list requirement altogether and allows the employer to nominate based on the worker’s actual duties within their ANZSCO Major Group.

Visa options for IT workers

Skills in Demand visa (Subclass 482) - Core Skills stream

Available for ICT occupations on the CSOL where the salary meets the CSIT of $79,423 from 1 July 2026. Grants a temporary work right for up to four years. Standard labour market testing applies. Holders can transition to permanent residence through the Subclass 186 TRT stream after two years of eligible sponsored employment.

Skills in Demand visa (Subclass 482) - Specialist Skills stream

Available for any ICT role where the salary meets the SSIT of $146,576 from 1 July 2026. No occupation list required. Priority processing with a seven-day processing target. Labour market testing is still required for Specialist Skills stream nominations unless a specific exemption applies. Holders can transition to permanent residence through the Subclass 186 TRT stream after two years of eligible sponsored employment with an approved sponsor, on the same basis as Core Skills holders.

Skills in Demand visa (Subclass 482) - Labour agreement stream

Available to IT employers that have negotiated a company-specific labour agreement or hold an On-hire Labour Agreement. The salary requirements and any approved concessions are governed by the terms of the executed agreement.

雇用主指名制度(サブクラス186)

The primary permanent residence pathway for IT workers. Available through the Temporary Residence Transition (TRT) stream after two years of eligible sponsored employment with an approved sponsor as a primary 482 visa holder, or through the Direct Entry stream where the occupation is on the CSOL and the worker holds a relevant skills assessment. The Labour Agreement stream of the ENS is available to IT workers sponsored under a company-specific or On-hire labour agreement.

Skilled Employer Sponsored Regional visa (Subclass 494)

Available for IT employers in designated regional areas where the ICT occupation is covered. The salary must meet or exceed the TSMIT of $79,423 from 1 July 2026. Provides a five-year temporary work right with a pathway to the Permanent Residence (Skilled Regional) visa (Subclass 191).

National Innovation Visa (Subclass 858)

The National Innovation Visa is a self-led permanent residence pathway for individuals of exceptional talent or achievement in a range of fields including the digital economy and technology. It does not require employer sponsorship and is assessed by the Department of Home Affairs against criteria for demonstrated achievement in the relevant field. For highly credentialled IT professionals who do not need employer sponsorship, it may be worth considering independently of the sponsorship routes on this page.

Concessions you can negotiate

Concessions under a company-specific IT labour agreement are not guaranteed and must each be supported by specific evidence accepted by the Department of Home Affairs during negotiation.

年齢

Where the standard age limit of 45 for ENS permanent residence presents a genuine barrier, an age concession may be negotiable for workers up to a higher age threshold. This is one of the most common reasons IT employers pursue a labour agreement rather than standard sponsorship.

English language

A reduced English language requirement may be negotiable where the employer can demonstrate that the role’s technical demands do not require a high level of formal English and that equivalent Australian workers in the same role are not subject to formal English testing.

給与の下限額

A reduced salary threshold below the standard CSIT may be negotiable in limited circumstances, typically for regional locations. For Category 1 city locations, salary concessions are not available.

Skills assessment and experience

Where standard skills assessment or work experience requirements present a genuine barrier, concessions may be negotiable depending on the location category. For Category 1 locations, these concessions require Ministerial approval.

Unlisted occupations

A company-specific labour agreement can include occupations not on the CSOL, allowing sponsorship of roles that cannot be accessed through any standard visa pathway.

Our skilled visa success stories

すべての成功事例を見る

Requirements for tech employers

Tech team meeting in a modern office
  • 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 Australian workers for the nominated positions. For a labour agreement, this means evidence going beyond what is required for standard LMT: the employer must explain why standard visa pathways are insufficient and what specific workforce need the agreement addresses.
  • Compulsory labour market testing must be completed before any nomination is lodged under a labour agreement, unless a specific exemption applies. Evidence of genuine recruitment attempts must accompany each nomination.
  • The employer must pay each sponsored worker at least the applicable income threshold for their visa stream and 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 maintain and develop its Australian workforce, including through graduate programs or training commitments where applicable.

Requirements for overseas IT workers

技能評価

For most ICT occupations, a positive skills assessment from the Australian Computer Society (ACS) is required before a nomination can be lodged under the Core Skills stream. The ACS assesses qualifications and work experience against Australian standards for the nominated ANZSCO occupation. A skills assessment is not required for the Specialist Skills stream.

ACS offers four assessment pathways. The Post Australian Study pathway is for workers who completed an ICT qualification in Australia. The General Skills pathway is for workers with an ICT-related degree from an overseas institution. The Recognition of Prior Learning (RPL) pathway is for workers without a formal ICT qualification but with substantial documented ICT work experience, typically at least six years. The Temporary Skills Shortage pathway is specifically designed for workers applying for a Subclass 482 visa.

Work experience

The standard work experience requirement for Core Skills stream nominations is at least one year of relevant experience. For the ENS Direct Entry stream, a higher experience threshold applies depending on the occupation.

English language

Standard English language requirements apply to Core Skills and Specialist Skills stream nominations. Where a labour agreement has been executed with an English concession, the reduced requirement specified in the agreement applies.

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 an IT labour agreement

  1. Confirm whether a labour agreement is actually needed

    Before preparing any documentation, confirm whether standard sponsorship or the Specialist Skills stream can meet the employer’s needs. For most IT employers, a labour agreement is not necessary. Our migration lawyers can complete this assessment and identify the most efficient route.

  2. Identify the correct agreement type

    For direct-employment IT businesses, a company-specific labour agreement is the correct route. For IT staffing and consulting businesses that place workers with clients, the On-hire Industry Labour Agreement applies. The two are distinct arrangements with different eligibility requirements and obligations.

  3. 労働市場調査を実施する

    Labour market testing must be completed before lodging the agreement request. The evidence must demonstrate genuine attempts to recruit Australian workers for the nominated positions and explain why those attempts did not result in suitable local hires.

  4. Prepare and lodge the request

    Lodge the formal request through ImmiAccount. The request must include the basis for needing an agreement rather than standard sponsorship, the nominated occupations, proposed salary and conditions, evidence of genuine workforce need, LMT outcomes, any concession requests with supporting justification, and a workforce plan demonstrating how reliance on overseas workers will decrease over the agreement term.

  5. 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.

  6. 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

A strong IT labour agreement request includes product and project pipeline demonstrating genuine, ongoing demand for the specialist roles; vacancy data documenting positions that cannot be filled from the local market; documented genuine recruitment attempts and outcomes including why Australian candidates were not suitable; a workforce plan showing how the employer will reduce reliance on overseas workers over the agreement term; salary benchmarking confirming proposed remuneration meets or exceeds the applicable income threshold and is consistent with the market rate; and where concessions are sought, specific evidence supporting each concession. For roles that are not on the CSOL, a clear explanation of why the role cannot be captured within a listed occupation and why the Specialist Skills stream is not available or suitable is also required.

Obligations after approval

  • Once a labour agreement is executed, the employer’s obligations extend beyond the standard sponsorship obligations that apply to all approved sponsors. The employer must comply with the specific terms of the executed agreement, including caps on overseas worker numbers, the occupations that can be nominated, the salary and conditions that apply, and any reporting requirements.

  • Any material change to the employer’s business, the nature of the nominated roles, or the salary arrangements must be reported to the Department of Home Affairs and may require a variation to the agreement. For on-hire arrangements, the employer must maintain monitoring and auditing processes across all client host sites to ensure sponsored workers’ conditions comply with the agreement terms.

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

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

IT team reviewing compliance documents

Common mistakes tech employers make

Requesting a labour agreement when standard sponsorship would work

The most common and costly mistake in the IT sector is pursuing a labour agreement when the occupation is already on the CSOL and the salary meets the standard CSIT. A labour agreement takes months to negotiate and adds significant complexity and cost. Standard sponsorship for a role on the CSOL can proceed within weeks. Where the salary is at or above $146,576, the Specialist Skills stream removes the occupation list constraint without any agreement at all.

Job titles that do not match ANZSCO duties

A nomination for Software Engineer (ANZSCO 261313) must be supported by work that genuinely aligns with the ANZSCO description of that occupation: planning and designing software systems, directing and coordinating software development, and testing and evaluating systems. A worker whose duties are primarily fixing bugs, conducting QA testing, or providing technical support may not meet the ANZSCO description for Software Engineer and should be nominated under the correct occupation. A mismatch between the job title and the actual duties is one of the most common causes of nomination refusal in the IT sector.

ACS assessment outcome does not match the nominated occupation

An ACS assessment is occupation-specific. If the worker’s assessment is positive for ICT Business Analyst but the employer wants to nominate them as a Systems Analyst, the assessment does not support the nomination. Confirming that the ACS assessment outcome matches the nominated ANZSCO code before lodging the nomination is essential.

Placing staff at client sites without an on-hire agreement

Standard employer sponsorship does not permit the sponsored worker to perform work for a third-party client. An IT consultancy that sponsors workers and places them at client sites without an On-hire Labour Agreement is in breach of its sponsorship obligations. This is one of the higher-risk compliance issues in the IT sector given the prevalence of contractor and consulting models.

Salary below the applicable threshold

Sponsored IT workers must be paid at least the CSIT ($79,423 from 1 July 2026) for Core Skills stream nominations, or the SSIT ($146,576) for Specialist Skills stream nominations, and at the Australian Market Salary Rate. Offering a salary that meets the threshold on paper but includes non-salary elements that inflate the figure, or paying below-market rates compared to equivalent Australian workers, creates compliance risk.

Information for overseas IT professionals

Overseas IT professionals 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. For most ICT roles, the employer does not need a labour agreement at all: standard Skills in Demand visa sponsorship is available where the occupation is on the CSOL or the salary meets the Specialist Skills threshold.

If you are an overseas IT professional considering your options, the most useful first steps are confirming whether your occupation is on the CSOL and obtaining an ACS skills assessment early. A positive ACS assessment is valid for two years and can be obtained before a sponsoring employer is found. For professionals without a formal ICT degree, the RPL pathway allows ACS to assess skills based on documented work experience.

For exceptional talent in the technology field, the National Innovation Visa (Subclass 858) is a self-led permanent residence pathway that does not require employer sponsorship. See our National Innovation Visa page for details.

For IT professionals who want to explore points-tested pathways independently of employer sponsorship, most ICT occupations are on the MLTSSL, which supports points-tested visa applications. See our Skilled Migration page for details.

Software engineer working at a laptop

How our migration lawyers can help

Our migration lawyers assist tech employers in assessing whether standard sponsorship, the Specialist Skills stream, or a labour agreement is the most efficient route for their workforce needs. Where a labour agreement is the right pathway, we prepare the submission, build the shortage evidence, negotiate with the Department of Home Affairs, and manage nominations and visa applications once the agreement is in place. We also advise on occupation mapping against ANZSCO, ACS skills assessment pathways, and on-hire compliance for IT staffing businesses.

Book a consultation to find the right sponsorship route for your tech team

Whether you need to sponsor one specialist developer or build out an entire ICT team, our migration lawyers can identify the most efficient pathway and manage the process from nomination 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 proceeding.

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よくある質問

What is the Specialist Skills stream and when does it apply to IT roles?

黒のプラス記号

The Specialist Skills stream is available for any ICT role where the salary meets or exceeds the SSIT of $146,576 from 1 July 2026. It has no occupation list requirement, receives priority processing, and does not require labour market testing. Holders can transition to permanent residence through the Subclass 186 TRT stream after two years of eligible sponsored employment. It is particularly useful for emerging or niche tech roles that do not map to an existing CSOL occupation.

What is the ACS skills assessment and when is it required?

黒のプラス記号

The Australian Computer Society (ACS) is the designated skills assessing authority for most ICT occupations in Australia. A positive ACS skills assessment is required for Core Skills stream nominations and for points-tested visa applications. It is not required for the Specialist Skills stream. Workers with a formal ICT-related degree can apply through the General Skills pathway. Workers without a formal ICT degree can apply through the Recognition of Prior Learning (RPL) pathway if they have at least six years of documented ICT work experience.

Is there an IT industry labour agreement in Australia?

黒のプラス記号

No. The Department of Home Affairs has not published a template industry labour agreement for the IT or ICT sector. Tech employers must use standard sponsorship for roles on the CSOL, the Specialist Skills stream for roles meeting the SSIT, or negotiate a company-specific labour agreement where neither standard pathway is available.

How long does it take to get a company-specific IT labour agreement?

黒のプラス記号

The Department of Home Affairs does not publish processing timeframes for labour agreement requests. The process typically takes several months from submission to execution. For most IT employers, confirming that standard sponsorship or the Specialist Skills stream is not available should come before initiating a labour agreement request, as both standard routes are considerably faster.

Do I need a labour agreement to sponsor software developers?

黒のプラス記号

Almost certainly not. Software Engineer (ANZSCO 261313) and Developer Programmer (ANZSCO 261312) are both on the CSOL and can be sponsored through the standard Core Skills stream of the Skills in Demand visa where the salary meets the CSIT of $79,423. A labour agreement would only be needed for software developer roles that cannot be captured by a listed ANZSCO code and where the salary does not meet the Specialist Skills threshold.

Can IT workers get permanent residence in Australia?

黒のプラス記号

Yes. The primary pathway is the Employer Nomination Scheme (Subclass 186). Workers sponsored through either the Core Skills or Specialist Skills stream of the SID visa can transition to permanent residence through the TRT stream after two years of eligible sponsored employment with an approved sponsor. Workers sponsored under a labour agreement can access the Labour Agreement stream of the ENS. Regional IT workers on a Subclass 494 have a pathway through the Subclass 191.

Can IT consultancies sponsor workers placed with clients?

黒のプラス記号

Not through standard sponsorship. Standard employer sponsorship prohibits on-hire arrangements. IT staffing companies, managed services providers, and consulting businesses that place workers with client organisations must hold an On-hire Industry Labour Agreement. Under that arrangement, the staffing company is the direct employer and approved sponsor, and it remains responsible for all sponsorship obligations regardless of where the worker is placed.

コンテンツ作成者について

ペリー・Q・ウッドはオーストラリア行政法学会の前会長であり、オーストラリアを代表する行政・移民・人権弁護士。

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