Health and Disability Labour Agreement | Australian Migration Lawyers

At a glance: key facts

Feature	Detail
Aged Care Industry Labour Agreement (ACILA)	Yes — published Home Affairs template, fixed conditions, introduced May 2023
Disability Industry Labour Agreement	None published — NDIS-only providers must use a company-specific agreement or standard sponsorship
ACILA occupations	Nursing Support Worker (ANZSCO 423312); Personal Care Assistant (ANZSCO 423313); Aged or Disabled Carer (ANZSCO 423111)
Visa streams under ACILA	Skills in Demand visa (Subclass 482) labour agreement stream; Employer Nomination Scheme (Subclass 186) labour agreement stream only — no Subclass 494
Income threshold concession	$51,222 guaranteed annual earnings or the Australian Market Salary Rate, whichever is higher (standard CSIT is $79,423 from 1 July 2026); non-monetary earnings such as food and board are not approved under the ACILA
Guaranteed overtime in earnings	Included under specific conditions set out in the template — must be consistent with standard industry practice, consistent with arrangements for equivalent Australians at the same location, guaranteed in the employment contract, and within National Employment Standards
English — SID visa, standard provider	IELTS 5.0 overall; minimum 5.0 for speaking and listening; minimum 4.5 for reading and writing
English — SID visa, CALD provider	IELTS 4.5 overall, no minimum per band
English — ENS visa	IELTS 5.5 overall, no minimum per band
Age concession	None — standard ENS age requirement of under 45 applies
Labour market testing	Deemed met while the employer holds a valid MoU with the relevant union and the union has not raised concerns
MoU requirement	Mandatory — provider must enter a Memorandum of Understanding with the relevant industry union before submitting the agreement request; agreement terminates if MoU lapses
Union consultation	Provider must consult with the relevant union at least once every six months during the agreement term
Union induction	Provider must arrange a two-hour induction meeting for each new overseas worker within seven days of commencement, conducted by the relevant union during ordinary working time without loss of pay
Skills assessment	ANMAC for Nursing Support Worker and Personal Care Assistant; Community Work Australia for Aged or Disabled Carer (not required if AQF Certificate III or equivalent obtained in Australia)
ENS PR pathway	Two years of full-time work experience in Australia in the nominated occupation or a closely related occupation under the agreement
Processing	Streamlined nomination assessment and priority visa application processing
Agreement term	Five years from execution
Relevant awards	Aged Care Award 2010 (MA000018) for residential care workers; Social, Community, Home Care and Disability Services Industry Award (SCHADS Award) for home care and community workers

Labour agreement options for health and disability employers

The right route depends entirely on the type of provider and the role being filled.

Consideration	Aged Care Industry Labour Agreement (ACILA)	Company-specific labour agreement	DAMA	Standard SID/186 sponsorship
Best suited when	Approved aged care provider sponsoring direct care workers	NDIS or disability-only provider; aged care provider needing roles outside the three ACILA occupations	Employer in a designated regional area with relevant occupation covered by the DAMA	Registered nurse, allied health, or other role on the CSOL with salary meeting the standard CSIT
Industry agreement available	Yes	No	No	No
MoU with union required	Yes	No	No	No
Labour market testing	Deemed met via MoU	Compulsory	Compulsory with regional concessions	Compulsory
Income threshold concession	Yes — $51,222	Negotiated	Per DAMA terms	No
English concession	Yes	Negotiated	Per DAMA terms	No
Age concession	No	Negotiated	Per DAMA terms	No
PR pathway	Subclass 186 Labour Agreement stream (two years Australian experience)	Subclass 186 Labour Agreement stream	Subclass 186 Labour Agreement stream or Subclass 191	Subclass 186 Direct Entry or TRT stream
Processing	Priority	Standard	Standard	Standard

The Aged Care Industry Labour Agreement

Nurse caring for a senior woman in a wheelchair

The ACILA is a formal legal arrangement between an approved Australian aged care provider and the Commonwealth of Australia, administered by the Department of Home Affairs under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth). It was announced on 5 May 2023 and is one of the published industry template agreements. It is the only one designed specifically for the care sector.

The ACILA is available to approved aged care providers delivering residential aged care services and home care services. It covers three defined direct care occupations only and cannot be used for clinical roles, management, or any position outside those three.

A distinctive feature of the ACILA is that it requires the aged care provider to enter into a Memorandum of Understanding (MoU) with the relevant industry union before the agreement request can be submitted. No other published industry labour agreement imposes this requirement. The MoU substitutes for separate labour market testing: while the provider is a party to the MoU and the union has not raised concerns about the provider’s labour market testing processes, LMT requirements under the ACILA are taken to be met. If the provider ceases to be party to the MoU, the agreement can be terminated by the Department of Home Affairs.

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

Occupations covered under the ACILA

The ACILA covers three direct care occupations. No other roles can be nominated under this agreement.

Nursing Support Worker

ANZSCO 423312

Nursing Support Worker (ANZSCO 423312) provides basic nursing care and support under supervision in aged care, disability, and hospital settings. Duties include assisting patients and residents with activities of daily living, implementing basic nursing procedures under direction, and observing and reporting on the condition of residents.

Personal Care Assistant

ANZSCO 423313

Personal Care Assistant (ANZSCO 423313) assists with personal care tasks in residential aged care and home care settings, including bathing, dressing, grooming, mobility, meal preparation, and domestic tasks, under the direction of a registered or enrolled nurse or a care coordinator.

Aged or Disabled Carer

ANZSCO 423111

Aged or Disabled Carer (ANZSCO 423111) provides care, support, and assistance to aged or disabled persons in their homes or in community settings, assisting with personal care, domestic tasks, and community access, and supporting the person’s independence and wellbeing.

Concessions available under the ACILA

The ACILA offers the most significant concessions available under any published industry labour agreement in Australia. All concessions are fixed and cannot be further negotiated.

Income threshold

The income threshold concession reduces the salary floor from the standard CSIT of $79,423 (from 1 July 2026) to $51,222 in guaranteed annual earnings, or the Australian Market Salary Rate for the position, whichever is higher. This concession applies to both the SID and ENS visa streams.

Non-monetary earnings such as food and board are expressly excluded from the earnings calculation under the ACILA. The template is explicit on this point. However, guaranteed overtime may be included in earnings under specific conditions: it must be consistent with standard industry practice in the sector, there must be equivalent Australians at the same location whose arrangements have been guaranteed in an industrial arrangement, the guaranteed hours must be evidenced in the employment contract at the time of nomination, and the arrangements must comply with the National Employment Standards.

Providers must also pay at least the minimum rate under the Aged Care Award 2010 (MA000018) for residential care roles, or the SCHADS Award for home care and community roles. Both the ACILA income floor and the applicable award minimum must be met simultaneously.

Disability support providers: can you use the aged care agreement?

The ACILA is available to approved aged care providers only. A provider that operates exclusively under the National Disability Insurance Scheme (NDIS) and is not an approved aged care provider cannot access the ACILA, regardless of how similar the care work is to aged care.

Disability support work and aged care work can be functionally similar in practice, and Aged or Disabled Carer (ANZSCO 423111) is one of the ACILA occupations. However, eligibility for the agreement turns on the employer’s status as an approved aged care provider, not on the occupation or the nature of the care delivered. An NDIS-registered disability service provider without aged care provider approval cannot use the ACILA.

For disability and NDIS-only providers, the realistic 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, or standard Skills in Demand visa sponsorship where the occupation and salary qualify. Our migration lawyers can assess which pathway is available for a disability provider’s specific situation.

Other health roles: when standard sponsorship works

The labour agreement framework is not the right route for most nursing and allied health roles. The majority of registered nursing, allied health, and medical occupations appear on the Core Skills Occupation List (CSOL) and the MLTSSL, meaning standard Skills in Demand visa sponsorship and direct permanent residence pathways are available without any labour agreement.

Registered Nurse (ANZSCO 254111)

Registered Nurse (ANZSCO 254111) is on the MLTSSL and CSOL. Skills assessment is through ANMAC. AHPRA registration as a registered nurse is required before the nurse can practise in Australia.

Allied health occupations

Allied health occupations including Physiotherapist, Occupational Therapist, Speech Pathologist, Psychologist, Social Worker, and others are generally on the CSOL. Most require registration with AHPRA or a separate professional body. Standard SID and 186 sponsorship applies where the salary meets the standard income threshold.

A labour agreement for these roles would only become relevant where the employer needs a specific concession, such as an age concession for a specialist who exceeds the standard 45-year age limit for permanent residence, or where a specific role is not listed on the standard programs.

For an overview of employer-sponsored visa options for health sector employers, see our Employer-Sponsored Visas page.

Visa options for care workers

Temporary

Skills in Demand visa (Subclass 482) labour agreement stream

The Skills in Demand visa (Subclass 482) is the temporary sponsorship pathway under the ACILA. The employer nominates the worker for a period of up to four years. The $51,222 income threshold concession and the English language concession apply to all SID nominations. Streamlined and priority processing applies.

Permanent

Employer Nomination Scheme (Subclass 186) labour agreement stream

The Subclass 186 is the permanent residence pathway under the ACILA. To be nominated, the overseas worker must have completed at least two years of full-time work experience in Australia in the nominated occupation or a closely related occupation specified under the agreement. The worker must hold at least a relevant AQF Certificate III or equivalent. The English concession for ENS requires IELTS 5.5 overall with no minimum per band. Standard age requirements apply: the worker must be under 45 at the time of application, as there is no age concession under the ACILA.

There is no Subclass 494 (SESR) stream under the ACILA.

Employer eligibility for a health or disability labour agreement

For the ACILA, the employer must be an approved aged care provider delivering residential aged care or home care services under the relevant aged care legislation. The provider must enter into a Memorandum of Understanding with the relevant industry union before the agreement request can be submitted. The applicable union depends on the occupation group, the service setting, and the state or territory of operation. The three unions party to the ACILA framework are the Australian Nursing and Midwifery Federation (ANMF), the Health Services Union (HSU), and the United Workers Union (UWU).
For a company-specific labour agreement (applicable to NDIS and disability providers, or aged care providers needing roles outside the ACILA), 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 genuine need, provide labour market testing evidence, and submit a workforce plan showing how reliance on overseas workers will decrease over the life of the agreement.
In both cases, the employer must satisfy all standard sponsorship obligations under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth).

Requirements for overseas care workers

Qualifications and skills assessment

Where qualifications were obtained in Australia (AQF Certificate III or equivalent), no skills assessment is required. Where qualifications were obtained overseas or the worker is relying on work experience rather than a formal qualification, a positive skills assessment is required from ANMAC (for Nursing Support Worker and Personal Care Assistant) or Community Work Australia (for Aged or Disabled Carer). One year of relevant work experience can substitute for the formal qualification.

English language

Workers must meet the applicable English language concession for their visa stream and employer type as described in the concessions section above.

Worker screening

All aged care workers in Australia must hold a valid Aged Care Worker Screening clearance and a current Australian National Police Certificate before commencing caring duties. These are conditions of lawful employment in aged care, not conditions of visa grant, but a sponsored worker who cannot obtain the required clearances cannot legally work in the role.

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 health or disability labour agreement

Confirm your route
Confirm whether the ACILA is available for your situation. Aged care providers should confirm their approved provider status and which union MoU is required. Disability and NDIS-only providers should confirm whether a company-specific labour agreement is viable or whether standard sponsorship applies.
Enter into the relevant union MoU (ACILA only)
For the ACILA, the provider must establish a Memorandum of Understanding with the applicable union before the agreement request can be submitted. The applicable union depends on the occupation group, the service setting, and the state or territory of operation. Contact details for each union vary by state and territory and are listed on the Department of Home Affairs aged care labour agreement page and the union websites.
Lodge the agreement request
Once the MoU is in place, the provider submits the ACILA request to the Department of Home Affairs through ImmiAccount. The MoU must be included with the request. For a company-specific agreement, the employer prepares and lodges the request with evidence of genuine workforce need, labour market testing outcomes, proposed salary arrangements, and any concession requests with supporting justification.
Agreement executed
Once the Department is satisfied, the agreement is executed and the provider can begin lodging nominations within the approved ceilings.
Lodge nominations and visa applications
After the agreement is in place, the employer lodges a nomination for each overseas worker. 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

For the ACILA, the Department expects:

Workforce and vacancy data covering how many care workers are needed, how many positions are currently vacant, and what the service delivery impact of the shortage is
A copy of the MoU with the relevant union
A workforce plan showing how the provider will reduce reliance on overseas workers over the agreement term
Salary benchmarking confirming the proposed remuneration meets the $51,222 income threshold (or the AMSR if higher) and the applicable award minimum

Pay, screening and ongoing obligations

Sponsored care workers must be paid at least $51,222 in guaranteed annual earnings or the Australian Market Salary Rate, whichever is higher. Non-monetary earnings such as food and board cannot be counted toward this floor under the ACILA. Guaranteed overtime may be included in earnings only under the specific conditions set out in the template. Both the ACILA income floor and the applicable award minimum must be met simultaneously.
Residential aged care workers are covered by the Aged Care Award 2010 (MA000018). Home care and community care workers are generally covered by the Social, Community, Home Care and Disability Services Industry Award (SCHADS Award). Both awards received significant wage increases through the Fair Work Commission’s Work Value Case. Providers must verify the current applicable rate before any nomination is lodged.
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 aged care workers must receive written workplace rights information within seven days of commencing employment.
The provider must arrange a two-hour induction meeting for each overseas worker within seven days of commencement. The meeting is conducted by the relevant union during ordinary working time, and the worker must not lose pay for attending.
The provider must consult with the relevant union at least once every six months during the agreement term regarding the operation of the agreement.
All sponsored aged care workers must hold a valid Aged Care Worker Screening clearance and a current Australian National Police Certificate before commencing caring duties.
Any material change to employment arrangements or to the provider’s approved provider status must be reported to the Department. If the MoU with the relevant union lapses, the agreement may be terminated.

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

Common mistakes

Disability-only providers assuming the ACILA applies

The ACILA is available only to approved aged care providers. An NDIS-registered disability provider without aged care provider approval cannot use the agreement, even for roles that are functionally identical to aged care work. Attempting to lodge an ACILA request without approved provider status will result in refusal.

Nominating roles outside the three ACILA occupations

The ACILA covers only Nursing Support Worker, Personal Care Assistant, and Aged or Disabled Carer. Attempting to include a registered nurse, coordinator, manager, or any other role under the ACILA will result in nomination refusal.

Treating non-monetary benefits as earnings

Non-monetary benefits such as food and board cannot be counted toward the $51,222 income threshold under the ACILA. The template expressly excludes them. Providers who structure salary packages with accommodation or meals credited against the income floor will not meet the agreement’s requirements.

Underpaying relative to the award

The $51,222 income threshold concession reduces the migration salary floor but does not remove the obligation to pay at least the award minimum under the Aged Care Award 2010 or the SCHADS Award. Where the award rate exceeds $51,222, the award rate must be paid.

Missing worker screening and police checks

Sponsoring a worker who does not hold a valid Aged Care Worker Screening clearance or a current National Police Certificate creates serious regulatory risk. These must be obtained before the worker commences caring duties.

Allowing the MoU to lapse

If the provider ceases to be a party to the MoU with the relevant union, the Department of Home Affairs may terminate the labour agreement. Providers must maintain the MoU throughout the life of the agreement and ensure it remains active before lodging any nominations.

Information for overseas care workers

Overseas care workers cannot apply for a labour agreement independently. The arrangement must be held by an Australian approved aged care provider or, for disability workers, by an employer with a company-specific agreement. Only after the employer’s nomination is approved can the worker apply for their visa.

If you are an overseas worker with aged care or personal care experience, the most useful first steps are confirming whether your qualifications were obtained in Australia (which avoids the need for a separate skills assessment), or identifying whether ANMAC or Community Work Australia assess your overseas qualifications for the relevant occupation. Obtaining a positive skills assessment before a sponsoring employer is found can accelerate the process.

Permanent residence is available through the Subclass 186 Labour Agreement stream after two years of full-time work experience in Australia in the nominated occupation or a closely related occupation, subject to holding a relevant AQF Certificate III or equivalent and meeting the English language and age requirements.

Caregiver checking a senior woman’s temperature at home

How our migration lawyers can help

Our migration lawyers assist aged care providers in confirming ACILA eligibility, identifying the correct union MoU, lodging the agreement request, and managing nominations and visa applications. We also advise on award compliance, worker screening obligations, the income threshold requirements, and the ongoing union consultation and induction obligations throughout the agreement term.

For disability and NDIS providers, we assess whether a company-specific labour agreement is viable and, where it is, prepare the submission and manage the process with the Department of Home Affairs.

For health employers sponsoring nursing and allied health professionals through standard visa programs, we manage the end-to-end sponsorship process including skills assessment, AHPRA registration planning, and nomination.

Book a consultation to find the right route for your care workforce

Whether you are an aged care provider ready to access the ACILA, a disability provider exploring your options, or a health employer sponsoring nursing and allied health staff, our migration lawyers can identify the most appropriate and efficient pathway and manage the process.

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.