Fishing Industry Labour Agreement | Australian Migration Lawyers

At a glance: key facts

5 yearsAgreement term

1/3Maximum overseas share of workforce

7Occupations covered

$71,481Category 3 salary minimum (90%)

Feature	Detail
Agreement type	Industry labour agreement — published Home Affairs template, fixed conditions
Administering department	Department of Home Affairs
Occupations covered	Deck Hand (ANZSCO 899211); Fishing Hand (ANZSCO 899212); Master Fisher (ANZSCO 231211); Ship’s Engineer — Fishing Industry (Code 070499, administrative only); Ship’s Master (ANZSCO 231213); Ship’s Officer (ANZSCO 231214); Seafood Process Worker (ANZSCO 831313)
Seafood Process Worker availability	Category 2 and 3 regional locations only; not available in Category 1
Visa streams	Skills in Demand visa (Subclass 482) labour agreement stream; Skilled Employer Sponsored Regional visa (Subclass 494) labour agreement stream; Employer Nomination Scheme (Subclass 186) labour agreement stream
Agreement term	Five years from execution
Overseas workers cap	No more than one third of the total workforce in any 12-month period
Salary — Category 1 and 2	Full CSIT ($79,423) or TSMIT ($79,423); no salary concession
Salary — Category 3	Guaranteed earnings at least 90% of CSIT or TSMIT ($71,481); top-up obligation applies
Age concession	Under 55 for SESR and ENS nominations in Category 2 and 3 only; standard age requirements apply in Category 1
English — Deck Hand and Fishing Hand (SID, all categories)	IELTS 4.5 overall no minimum per band, OR IELTS 4.5 in speaking and listening with no minimum for reading, writing, or overall score
English — other occupations (SID/SESR, Category 2 and 3)	IELTS 5.0 overall, no minimum per band
English — all occupations (ENS, all categories)	IELTS 5.0 overall, minimum 4.5 in each band
Award coverage	Wild catch fishing vessel crew: award-free (no modern award applies); Seafood Process Workers (shore-based): Seafood Processing Award 2020 (MA000068)
ENS PR pathway	Minimum three years full-time Australian work experience in the nominated occupation under this agreement
Employment contract	A signed copy must accompany every nomination

What is the Fishing Industry Labour Agreement?

Commercial fishermen inspecting a large salmon catch

The Fishing Industry Labour Agreement is a formal legal arrangement between an eligible Australian commercial fishing employer and the Commonwealth of Australia, administered by the Department of Home Affairs under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth). It sits alongside other published industry template agreements including those for Dairy, Advertising, Meat, Horticulture, Pork, On-hire, Minister of Religion, and Restaurant (Premium Dining).

Because the agreement uses a standard template, the fundamental terms are set by the Department in advance. These include which occupations are covered, what concessions apply, and what obligations the employer takes on. An employer joining the Fishing Industry Labour Agreement agrees to those terms rather than negotiating individual clauses. This makes the agreement more accessible than a company-specific labour agreement, though it does not remove the need to demonstrate genuine workforce need, complete labour market testing, or meet employer eligibility requirements.

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

Occupations covered under the Fishing Industry Labour Agreement

The agreement covers seven defined occupations across two broad groups: vessel-based roles and shore-based processing.

Vessel-based occupations — available in all location categories

Occupation	ANZSCO/Code	Skill Level	Notes
Deck Hand	899211	5	Only migration pathway for this role; STCW certificates and first aid required
Fishing Hand	899212	5	Only migration pathway for this role; STCW certificates and first aid required
Master Fisher	231211	1	Standard ANZSCO requirements apply
Ship’s Engineer (Fishing Industry)	070499	2	Administrative code only; no formal ANZSCO exists; assessed against Ship’s Engineer (ANZSCO 231212) requirements; restricted to fishing operations
Ship’s Master	231213	1	Standard ANZSCO requirements apply
Ship’s Officer	231214	1	Standard ANZSCO requirements apply

Shore-based occupation — Category 2 and 3 only

Occupation	ANZSCO	Skill Level	Notes
Seafood Process Worker	831313	5	Available only in Category 2 and 3 designated regional locations; not available in Category 1

Deck Hands and Fishing Hands

Deck Hand (ANZSCO 899211) and Fishing Hand (ANZSCO 899212) are Skill Level 5 occupations under ANZSCO. This means they are not accessible through any standard employer-sponsored visa program. The Fishing Industry Labour Agreement is the only migration pathway for these roles in Australian commercial fishing operations. The agreement defines the permitted tasks for both occupations as:

Handling ropes and wires, and operating mooring equipment when berthing and unberthing
Standing lookout watches at sea and adjusting the ship’s course as directed
Assisting with cargo operations using on-board equipment and stowing and securing cargo
Patrolling vessels to ensure safety of the vessel, cargo, and passengers
Performing routine maintenance and checks on deck equipment, cargo gear, rigging, and lifesaving and fire-fighting appliances
Attaching gear and fastening towing cables to nets
Casting and lowering nets, pots, lines, and traps into water
Preparing lines, attaching running gear and bait, and setting lines into position
Hauling in fishing gear and removing fish and other marine life

The agreement confirms that a Deck Hand and a Fishing Hand may perform the same tasks. What matters is whether the worker’s actual duties match this task list, not which job title appears in the employment contract.

Concessions under the Fishing Industry Labour Agreement

The concessions available under the agreement depend on the location category of the employer’s principal place of business and the occupation being nominated.

English language concessions

The English concessions differ by occupation group, visa stream, and location category, and are among the most permissive of any published industry labour agreement. Workers who cannot meet the standard English language requirement can qualify under either of two concession options for Deck Hand and Fishing Hand on the SID visa.

Occupation group	Visa stream	IELTS requirement
Deck Hand and Fishing Hand	SID visa (all location categories)	IELTS overall score of 4.5 with no minimum score in any individual band; OR IELTS 4.5 in the speaking and listening components only, with no minimum overall score and no minimum score for reading and writing
Deck Hand and Fishing Hand	SESR visa (Category 2 and 3)	IELTS overall of 5.0, no minimum per band
Deck Hand and Fishing Hand	ENS visa (all categories)	IELTS overall of 5.0, minimum 4.5 in each of the four bands
Master Fisher, Ship’s Engineer, Ship’s Master, Ship’s Officer, Seafood Process Worker	SID and SESR visas (Category 2 and 3)	IELTS overall of 5.0, no minimum per band
Master Fisher, Ship’s Engineer, Ship’s Master, Ship’s Officer, Seafood Process Worker	SID and ENS visas (Category 1)	IELTS overall of 5.0, minimum 4.5 in each of the four bands
All occupations	ENS visa (all categories)	IELTS overall of 5.0, minimum 4.5 in each of the four bands

Where the English concession is used, the employer takes on additional obligations to support English language development in the workplace. These are set out in the obligations section below.

Salary concession

The salary concession is available in Category 3 locations only. In these locations, the employer may pay the nominated worker guaranteed earnings at least equal to 90% of the applicable CSIT (for SID and ENS nominations) or TSMIT (for SESR nominations), currently $71,481 from 1 July 2026. The worker must also be paid no less than the equivalent of what an Australian worker in the same role at the same location would receive, whichever amount is higher. A top-up obligation applies: if an equivalent Australian worker receives more than the sponsored worker over any 12-month period, the employer must pay the difference in the following month. No salary concession is available in Category 1 or Category 2 locations.

Age concession

For SESR (Subclass 494) and ENS (Subclass 186) nominations in Category 2 and 3 locations, the agreement allows nomination of workers who are under 55 years of age at the time of visa application lodgement. Standard age requirements apply in Category 1 locations.

Visa options for fishing industry workers

Temporary

Skills in Demand visa (Subclass 482) labour agreement stream

The Skills in Demand visa (Subclass 482), which replaced the former Temporary Skill Shortage visa on 7 December 2024, is available under the Fishing Industry Labour Agreement for all seven occupations and all location categories. The agreement provides for a nomination period of up to four years. Salary requirements and approved concessions are governed by the terms of the executed agreement.

Provisional regional

Skilled Employer Sponsored Regional visa (Subclass 494) labour agreement stream

The Subclass 494 is available for all seven occupations in Category 2 and 3 locations. Seafood Process Worker nominations under the SESR stream require at least two years of recent and relevant work experience regardless of whether that experience was gained in Australia or overseas. The Subclass 494 provides a pathway to permanent residence through the Permanent Residence (Skilled Regional) visa (Subclass 191).

Permanent

Employer Nomination Scheme (Subclass 186) labour agreement stream

The Subclass 186 Labour Agreement stream is the permanent residence pathway under the agreement. Workers must have been employed directly by the same sponsoring employer as a primary Subclass 457 or 482 visa holder in the nominated occupation on a full-time basis for at least three years before the ENS nomination is made. The English language requirement for all ENS nominations is IELTS 5.0 overall with a minimum of 4.5 in each of the four bands across all location categories.

Employer eligibility for the Fishing Industry Labour Agreement

To enter the agreement, the employer must be a legally registered commercial fishing business in Australia, actively operating within the fishing industry. The agreement defines the fishing industry as the Australian commercial fishing sector comprising enterprises and individuals associated with wild-catch or aquaculture resources and the various transformations of those resources into products for sale, regulated by the Australian Fisheries Management Authority under the Fisheries Management Act 1991 (Cth).
The employer must be financially viable, supported by a statement from a chartered or certified practising accountant, and must have been lawfully and actively operating in Australia for the previous 12 months.
The employer must demonstrate a genuine need for overseas workers in the nominated occupation that cannot be met through local recruitment. Evidence of genuine and recent recruitment attempts is required and must accompany the request.
The employer must demonstrate a plan to reduce reliance on overseas workers over the life of the agreement. Overseas workers must not exceed one third of the employer’s total workforce in any 12-month period.
All nominated workers must be engaged on a full-time basis. Part-time arrangements are not permitted under the agreement.

Requirements for overseas fishing workers

Deck Hands and Fishing Hands

For a Skills in Demand (Subclass 482) visa nomination, a Deck Hand or Fishing Hand must satisfy all three of the following:

Experience: at least two years of recent relevant overseas sea-time experience evidenced by a signed sea-time record or log book, OR at least one year of relevant Australian experience evidenced by a signed sea-time record or log book.
Safety certificates: safety and rescue certificates compliant with the International Convention on Standards, Training, Certification and Watchkeeping for Seafarers 1978 (STCW), as amended.
First aid: a current first aid certificate issued within the 12 months before the nomination. Where the certificate is older than 12 months at the time of nomination, the employer must ensure the worker obtains an Australian first aid certificate within one year of commencing work.

For a Subclass 494 (SESR) nomination, the worker must have at least two years of recent and relevant work experience regardless of whether it was gained in Australia or overseas.

For a Subclass 186 (ENS) nomination, the worker must have at least three years of full-time work experience in Australia in the nominated occupation under this agreement.

Master Fisher, Ship’s Engineer (Fishing Industry), Ship’s Master, Ship’s Officer

Workers nominated in these occupations must meet the qualifications and experience requirements as outlined in the ANZSCO descriptions for their respective occupation codes. Ship’s Engineer (Fishing Industry) is assessed against the ANZSCO requirements for Ship’s Engineer (ANZSCO 231212) but restricted to fishing operations. These are Skill Level 1 or 2 occupations and typically require recognised maritime qualifications.

Seafood Process Worker

Workers nominated as Seafood Process Worker (ANZSCO 831313) must meet the qualifications and experience requirements as outlined in ANZSCO for this occupation. For a Subclass 494 (SESR) nomination, the worker must have at least two years of recent and relevant work experience.

Health and character

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

How to access the Fishing Industry Labour Agreement

Confirm eligibility and location category
Before preparing any documentation, confirm the location category of the employer’s head office and operating areas using the Department of Home Affairs’ regional postcodes list. This determines which concessions apply and whether Seafood Process Worker can be included in the agreement.
Conduct labour market testing
Labour market testing must be completed and evidence must accompany every nomination lodged under the agreement. The requirements differ by location category:
Category 1: evidence equivalent to the standard employer-sponsored visa program LMT requirements.
Category 2: at least two separate attempts with national reach, conducted within 12 months before lodging the nomination.
Category 3: at least two separate attempts within 12 months before lodging the nomination. One must have national reach (Seek, Indeed, Workforce Australia, a relevant industry website, national print media, or national radio). The second may be local or regional, such as the business’s own website, local print media, or local radio.
Prepare and lodge the request
The employer lodges the request through ImmiAccount, providing evidence of the fishing business’s operations, genuine workforce need, labour market testing outcomes, proposed salary arrangements, and location category. 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 and the employer becomes an approved sponsor. The agreement must be signed and returned within four weeks and will be reviewed after three years.
Lodge nominations and visa applications
After the agreement is in place, the employer lodges a nomination for each overseas worker. A signed employment contract must accompany every nomination. Once a nomination is 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

Vessel and fishery operations data, including the nature and scale of the fishing operation, the type of fishery, and the areas of operation
Vacancy data documenting how many positions are vacant, how long they have been vacant, and the operational impact of the shortage
Evidence of genuine local recruitment attempts, including advertisements, platforms used, applications received, and reasons why local candidates were not appointed
A workforce plan demonstrating how the employer will reduce reliance on overseas workers over the five-year agreement term
Salary benchmarking confirming the proposed remuneration meets the applicable CSIT or TSMIT (or 90% concession in Category 3) and is consistent with what an equivalent Australian worker would receive
Location category evidence confirming the employer’s postcode and applicable regional classification

Pay, safety and ongoing obligations

Pay

Sponsored fishing workers must be engaged on a full-time basis. Wild catch fishing vessel crew — including Deck Hands, Fishing Hands, and vessel officers — are not covered by any federal modern award. The Fair Work Commission has confirmed that no modern award applies to employees in the wild catch fishing industry, as the Ports, Harbours and Enclosed Water Vessels Award 2010 expressly excludes them and the Miscellaneous Award does not apply to workers excluded from award coverage by the Fair Work Act. This means pay for vessel crew is determined by the employment contract and the agreement’s income threshold requirements (or the 90% concession in Category 3), along with the requirement that sponsored workers receive no less than an equivalent Australian worker at the same location.

Shore-based Seafood Process Workers are covered by the Seafood Processing Award 2020 (MA000068), and their pay must meet both the award minimum for the relevant classification and the applicable income threshold requirements of the agreement.

Where an equivalent Australian worker receives a higher amount than the sponsored worker in any 12-month period, the employer must pay the difference as a top-up in the following month. Salary must be paid directly to the worker.

Maritime safety

Maritime safety compliance applies to all vessel crew regardless of visa status. Sponsored Deck Hands and Fishing Hands must hold valid STCW safety and rescue certificates before commencing work. Employers must ensure all safety and licensing requirements applicable to their fishing operation are met.

English language support obligations

Where the English language concession applies to a sponsored worker, the employer must:

Provide the worker with interpreter access during induction training
Install bilingual signage (English and the worker’s native language) before the worker commences
Provide training booklets in both English and the worker’s native language on commencement
Provide flexible English language learning options such as DVDs and phrasebooks on commencement

Other obligations

The employer must not deduct amounts from the worker’s pay except where authorised by law, a 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. All sponsored workers must receive written workplace rights information within seven days of commencing employment.

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

Common mistakes fishing employers make

Nominating Seafood Process Workers in a Category 1 location

Seafood Process Worker (ANZSCO 831313) is only available in Category 2 and 3 designated regional locations. Attempting to include this occupation for a Category 1 location will result in refusal. Confirming the employer’s location category before lodging the request is essential.

Claiming concessions for the wrong location category

The salary concession is available in Category 3 only. The age concession (under 55 for SESR and ENS) applies in Category 2 and 3. Employers in Category 1 locations cannot access either of these concessions.

Worker duties that do not match the nominated occupation

The agreement defines the permitted tasks for Deck Hands and Fishing Hands precisely. A nomination will not succeed if the worker’s actual duties do not genuinely align with those task descriptions. Workers performing shore-based processing tasks only should not be nominated as Deck Hands.

Missing maritime certifications

Deck Hand and Fishing Hand nominees must hold STCW-compliant safety and rescue certificates and a current first aid certificate at the time of nomination, or the employer must arrange for the worker to obtain an Australian first aid certificate within 12 months of commencing work. Lodging a nomination without confirming these requirements are met risks refusal or compliance issues after commencement.

Weak labour market testing

Providing a single advertisement, using channels with insufficient reach for the location category, or advertising outside the required 12-month window will result in the nomination being refused. The LMT requirements differ by location category and must be met precisely for every nomination.

Not providing a signed employment contract

A signed copy of the employment contract must accompany every nomination. This is a non-negotiable requirement under the agreement and is separate from the labour market testing evidence. Omitting it will delay or refuse the nomination.

Information for overseas fishing workers

Overseas fishing workers cannot apply for a Fishing Industry Labour Agreement independently. The arrangement must be held by an Australian commercial fishing employer, who lodges the nomination and takes on the associated obligations.

If you are an overseas fishing professional with relevant sea-time experience, the most important first steps are confirming whether you hold valid STCW safety and rescue certificates, ensuring your first aid certificate is current, and documenting your sea-time in a signed log book or sea-time record. These are prerequisites for any Deck Hand or Fishing Hand nomination under the agreement.

Permanent residence is available through the Subclass 186 Labour Agreement stream after at least three years of full-time employment in the nominated occupation with the same sponsoring employer in Australia. Workers on a Subclass 494 in Category 2 or 3 locations also have a pathway through the Permanent Residence (Skilled Regional) visa (Subclass 191) after meeting the relevant residence and employment requirements.

Fisherman handling fish with a net on a beach

How our migration lawyers can help

Our migration lawyers assist commercial fishing employers in confirming their location category, assessing eligibility, preparing labour market testing documentation, drafting the agreement request, and managing nominations and visa applications. We also advise on salary obligations, the top-up requirement, the additional English language support obligations that apply where the concession is used, and ongoing compliance throughout the agreement term. Overseas fishing workers can seek our advice on visa requirements, sea-time documentation, and maritime certification requirements.

Book a consultation to check your fishing business’s eligibility

Whether you operate a single vessel or a larger commercial fishing fleet, our migration lawyers can confirm your location category, assess your eligibility for the Fishing Industry Labour Agreement, 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 proceeding.