Horticulture Industry Labour Agreement | Australian Migration Lawyers

At a glance: key facts

Feature	Detail
Agreement Type	Industry Labour Agreement — published Home Affairs template, fixed conditions
Administering Department	Department of Home Affairs
Number of Approved Occupations	31
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
SESR Visa Availability	Not available for Skill Level 5 occupations
Salary Concession	90% of the applicable CSIT or TSMIT applies across all location categories; certain non-monetary benefits may be included in earnings calculations under specific conditions
English — SID visa	IELTS 5.0 overall, minimum 4.0 in each component
English — ENS and SESR visas	IELTS 5.0 overall, minimum 4.5 in each component
Age Concession	Under 50 at time of visa application for SESR and ENS nominations
ENS Transition Period	Skill Level 1, 2, 3 occupations: three years full-time employment under this agreement; Skill Level 4 and 5 occupations: four years
Skills Assessment	VETASSESS for all occupations not on the standard eligible occupation lists; standard assessing authority for occupations on the eligible lists
Caveats	No caveats apply to any occupation under the HILA
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	Horticulture Award 2020 (MA000028)

What is the Horticulture Industry Labour Agreement?

The HILA is a formal legal arrangement between an eligible Australian horticulture 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, Fishing, Advertising, Meat, Pork, On-hire, Minister of Religion, and Restaurant (Premium Dining).

Because the HILA uses a standard template, its 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 HILA agrees to those terms rather than negotiating individual clauses. The HILA was developed in consultation with the horticulture industry and first made available from 1 January 2020. With 31 approved occupations, it covers the largest number of occupations of any published Australian industry labour agreement.

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

Farmer using a tablet in a greenhouse examining plants

HILA occupations list

The HILA covers 31 occupations spanning all skill levels from 1 to 5. The tables below group them by skill level with their ANZSCO code or administrative equivalent and confirm whether a VETASSESS assessment is required.

Skill Level 1 — Professional and Management

Occupation	Code	VETASSESS required
Agronomist	234112	Standard assessing authority applies
Entomologist	234518	Standard assessing authority applies
Horticulture Farm Manager	070499	Yes
Horticulture Grower	070499	Yes
Horticulture Research and Development Officer	132511	Standard assessing authority applies
Irrigation Designer/Manager	234111	Standard assessing authority applies
Mechanical Engineer	233512	Standard assessing authority applies
Protected Cropping Grower	070499	Yes
Quality Assurance Manager	139914	Standard assessing authority applies

Skill Level 2

Occupation	Code	VETASSESS required
Biosecurity Officer	311399	Standard assessing authority applies
Facility Plant Manager	149913	Standard assessing authority applies
Facility Supervisor	070499	Yes

Skill Level 3

Occupation	Code	VETASSESS required
Agriculture Technician	321212	Standard assessing authority applies
Cold Storage Manager	149999	Yes
Fitter and Welder	323213	Standard assessing authority applies
Maintenance Electrician	341111	Standard assessing authority applies
Mechanic	321211	Standard assessing authority applies
Nurseryperson	362411	Standard assessing authority applies
Nursery Supervisor	362411	Standard assessing authority applies
Production Horticulturist	070499	Yes
Senior Nurseryperson	362411	Standard assessing authority applies

Skill Level 4

Occupation	Code	VETASSESS required
Fork Lift Driver	721311	Yes
Machinery Manager	149913 or 149999	Yes
Machinery Supervisor	149999	Yes
Mobile Plant Operator	721111	Yes
Production Horticulture Supervisor	070499	Yes
Section Supervisor	070499	Yes
Truck Driver	733111	Yes

Skill Level 5 — SESR Visa Not Available

Occupation	Code	VETASSESS required
Horticulture Section Manager	070499	Yes
Irrigationist	841999	Yes
Irrigationist Assistant	841999	Yes

Pickers and packers are not covered

The HILA does not cover lower-skilled picking, packing, grading, or harvesting labour. These roles are not included in the agreement’s 31 approved occupations. Growers needing seasonal harvest labour should look to the Pacific Australia Labour Mobility (PALM) scheme, and Working Holiday Maker visas. Our migration lawyers can advise on which program best suits the employer’s seasonal workforce needs.

HILA concessions

The concessions under the HILA are fixed by the template and apply equally to every employer that enters the agreement. They cannot be further negotiated or expanded.

Salary concession

Under the HILA, the salary threshold concession allows an employer to pay sponsored workers guaranteed earnings of at least 90% of the applicable CSIT (for SID and ENS nominations) or TSMIT (for SESR nominations). This concession applies across all location categories under the HILA. This distinguishes it from several other industry labour agreements where the 90% concession applies only in Category 3 regional areas.

The HILA also uses an expanded definition of earnings that allows certain non-monetary benefits to be counted toward the income threshold, provided those benefits support the worker’s living costs, the worker would have incurred those costs without the benefit, the benefits are quantifiable, they are consistent with what is provided to Australians in similar roles, they are guaranteed in the employment contract, and they exclude contingent payments such as overtime (other than guaranteed overtime), bonuses, and commissions.

A top-up obligation applies. If an equivalent Australian worker is paid more than the sponsored worker over any 12-month period, the employer must pay the difference in the following month.

English requirements

The English concession under the HILA applies uniformly across all location categories.

For a Skills in Demand (Subclass 482) visa, an overseas worker has sufficient English if they demonstrate an IELTS overall score of at least 5.0 with a minimum component score of at least 4.0 in each band.

For an ENS (Subclass 186) or SESR (Subclass 494) visa, the worker must demonstrate an IELTS overall score of at least 5.0 with a minimum component score of at least 4.5 in each band.

Age concession

The HILA allows nomination of workers for SESR and ENS visas who are under 50 years of age at the time of visa application lodgement. This applies across all location categories. Workers aged 50 or over at the time of visa application lodgement are not eligible for SESR or ENS nomination under the HILA.

Visa options under the HILA

Temporary

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

The Skills in Demand visa (Subclass 482) is available for all 31 HILA occupations across all location categories. The employer nominates the worker for a period of up to four years. The 90% salary threshold concession and the reduced English language requirement apply to all SID nominations under the HILA.

Regional

Skilled Employer Sponsored Regional visa (Subclass 494) - Labour agreement stream

The Subclass 494 is available for HILA occupations at Skill Level 1, 2, 3, and 4. It is not available for the three Skill Level 5 occupations under the HILA. The visa is granted for five years and provides a pathway to permanent residence through the Permanent Residence (Skilled Regional) visa (Subclass 191). Workers must be under 50 at the time of visa application lodgement.

Permanent

Employer Nomination Scheme (Subclass 186) - Labour agreement stream

The Subclass 186 is the permanent residence pathway under the HILA. The employment period required before an ENS nomination can be made differs by skill level. For Skill Level 1, 2, and 3 occupations, the worker 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 nomination is made. For Skill Level 4 and 5 occupations, the required period is four years. Workers must be under 50 at the time of visa application lodgement.

HILA skills assessment (VETASSESS)

The skills assessment requirements under the HILA depend on whether the nominated occupation appears on the standard eligible occupation lists for the SID, SESR, or ENS visas.

For occupations on the eligible occupation lists (Table 4 occupations in the official template), the standard skills assessment requirements apply, and there are no concessions to work experience requirements for SID or ENS visa applications. For SESR visa applications, the worker must demonstrate at least two years of relevant work experience. Where a positive skills assessment is required for a Table 4 occupation under the standard visa program, it must be obtained from the relevant assessing authority before the nomination is lodged.

For occupations not on the eligible occupation lists, a VETASSESS assessment is mandatory for all visa streams. VETASSESS assesses both qualifications and work experience. Its assessment covers whether the worker’s qualifications are at least equivalent to the relevant AQF level specified in the template for the nominated occupation, and whether the work experience is genuine and relevant.

An important feature of the HILA is that VETASSESS may consider previous work experience in addition to, or in lieu of, relevant qualifications. Where work experience is used to meet the qualification requirement, the same period of experience can also be counted toward the separate two-year relevant work experience requirement.

The occupations requiring a VETASSESS assessment are identified in the occupations table above. Our migration lawyers can confirm the correct assessing authority and pathway for any specific role.

Employer eligibility for the Horticulture Industry Labour Agreement

Man with a tablet inspecting tomatoes in a greenhouse

To enter the HILA, the employer must be an Australian horticulture business that is actively and lawfully operating in Australia, financially viable, and engaged in genuine horticultural production. The employer must have been operating in Australia for the previous 12 months, supported by a statement from a chartered or certified practising accountant.
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 local recruitment attempts must accompany the request and every subsequent nomination.
The employer must demonstrate a plan to reduce reliance on overseas workers over the life of the agreement and to develop its Australian workforce. 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.

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Requirements for overseas workers

The qualifications and experience required depend on the nominated occupation and whether it appears on the standard eligible occupation lists.
For occupations on the eligible lists (Table 4 occupations), the standard skill and qualification requirements for the relevant visa stream apply, with no concessions to work experience requirements for SID or ENS applications. For SESR nominations, the worker must demonstrate at least two years of relevant work experience.
For occupations not on the eligible lists, assessed by VETASSESS, the requirements differ by occupation and are set out in Schedule 4, Table 5 of the official template. Common pathways include holding a relevant AQF qualification at Certificate II, III, or Diploma level combined with a period of relevant experience, or demonstrating a longer period of work experience without a formal qualification. The specific combination required varies by occupation and should be confirmed from the current template before any assessment is initiated.
All workers must meet the English language requirement applicable to their visa stream as described above, and must meet the health and character requirements under the Migration Act 1958 (Cth). For SESR and ENS visa applications, the worker must be under 50 at the time of visa application lodgement.

How to apply for a HILA

Confirm eligibility and occupation mapping
Before preparing any documentation, confirm that the roles the employer needs to fill are covered by the HILA’s approved occupation list and that the worker’s actual duties genuinely match the task descriptions in the template. Our migration lawyers can complete this assessment.
Conduct labour market testing
Labour market testing must be completed and evidence must accompany every nomination. The requirements differ by location category.
For Category 1 locations, evidence equivalent to the standard employer-sponsored visa program LMT requirements must accompany nominations.
For Category 2 locations, the employer must demonstrate at least two separate attempts with national reach, conducted within 12 months before lodging the nomination.
For Category 3 locations, at least two separate attempts within 12 months before lodging the nomination are required. One must have national reach, through Seek, Indeed, Workforce Australia, a relevant industry website, national print media, or national radio. The second may be local or regional.
Prepare and lodge the request
The employer lodges the request through ImmiAccount, providing evidence of the horticulture business’s operations, genuine workforce need, labour market testing outcomes, proposed salary arrangements, and any additional information the Department requires. The Department sets nomination ceilings for each year of the five-year agreement term, with an annual review mechanism built into the agreement.
Agreement executed
Once the Department is satisfied, the agreement is executed. The employer becomes an approved sponsor and can begin lodging 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 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

A strong HILA request includes farm or business operations data covering the type of horticultural production, scale of operations, and the nature and number of vacancies; evidence of genuine local recruitment attempts including advertisements placed, platforms used, applications received, and reasons why local candidates were not appointed; a workforce plan demonstrating how the employer will reduce its reliance on overseas workers over the five-year term; salary benchmarking confirming the proposed remuneration meets the 90% Reduced TSMIT/CSIT and the Horticulture Award 2020 (MA000028) minimum for the relevant classification; and confirmation of occupation mapping showing that the nominated worker’s duties genuinely match the task descriptions in the agreement.

Pay and compliance obligations

Sponsored horticulture workers must be engaged on a full-time basis and paid at least the minimum rate required under the Horticulture Award 2020 (MA000028) for the relevant classification. The Horticulture Award 2020 is the federal modern award covering employees in the horticulture industry across Australia. Award minimum wages increased by 4.75% from 1 July 2026.
Under the Horticulture Industry Labour Agreement, sponsored workers must receive guaranteed earnings that meet the applicable reduced income threshold: 90% of the Core Skills Income Threshold (CSIT) for Subclass 482 and 186 nominations, or 90% of the Temporary Skilled Migration Income Threshold (TSMIT) for Subclass 494 nominations. Employers must also comply with the agreement’s requirements concerning the remuneration of equivalent Australian workers and any applicable minimum wage obligations under the Horticulture Award 2020 (MA000028).
Where an equivalent Australian worker receives a higher amount than the sponsored worker over 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 from the employer’s Australian bank account, including taxes and superannuation. The employer must not deduct amounts from the worker’s pay except where authorised in writing by the worker for their own benefit, authorised by an enterprise agreement, authorised by a modern award or Fair Work Act order, or required by law.
Where the employer provides accommodation, it must not be compulsory for the worker to accept it, it can only be charged at a fair and reasonable market rate, and the charges must satisfy the Commonwealth as being fair and reasonable and compliant with workplace laws.
The employer must not recover recruitment costs, English language testing, or English language training costs from the sponsored worker.
The employer must not nominate workers who are reasonably suspected of owing money as a result of being recruited.

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

Common HILA mistakes

Treating the salary concession as removing award obligations

The 90% salary concession under the Horticulture Industry Labour Agreement does not remove the employer’s obligation to comply with applicable minimum wage requirements under the Horticulture Award 2020 (MA000028). Employers must assess the reduced income threshold alongside the agreement’s requirements concerning remuneration for equivalent Australian workers and any applicable award minimums. The salary paid must satisfy all relevant obligations.

Nominating pickers or packers

Lower-skilled picking, packing, and harvest labour is not covered by the HILA. Attempting to include these roles in a HILA request will result in refusal. Seasonal harvest labour needs should be addressed through the PALM scheme, the Seasonal Worker Programme, or Working Holiday Maker programs.

Worker duties that do not match the nominated occupation

The HILA defines the tasks of each occupation not in ANZSCO in precise detail. A nomination will not succeed if the worker’s actual duties do not genuinely align with those task descriptions. Nominating a worker as a Production Horticulture Supervisor when their duties are consistent with a Section Supervisor, or nominating a Facility Supervisor for duties that are genuinely Facility Plant Manager level, will create problems at nomination.

Unauthorised salary deductions

Deducting accommodation costs from a sponsored worker’s salary without the worker’s written consent, or charging accommodation at above-market rates, is a compliance breach under the agreement. Deductions for recruitment costs or language training are not permitted under any circumstances.

Weak labour market testing

Using channels with insufficient reach for the location category, advertising outside the required 12-month window, or providing only a single advertisement will result in nomination refusal. The LMT requirements are mandatory and differ by location category.

Missing skills assessments

For occupations requiring a VETASSESS assessment, the assessment must be completed and a positive outcome received before the nomination is lodged. Attempting to nominate without a completed assessment, or with an assessment outcome that does not match the nominated occupation, will result in refusal.

Information for overseas horticulture workers

Overseas workers cannot apply for a HILA independently. The arrangement must be held by an Australian horticulture employer, who lodges the nomination and takes on the associated obligations. Only after the nomination is approved can the worker apply for their visa.

If you are an overseas worker with relevant horticulture skills or technical qualifications, the first steps are confirming whether your occupation is on the HILA list, confirming whether your qualifications and experience meet the VETASSESS or standard assessment requirements for the nominated role, and finding an Australian horticulture employer willing to enter the HILA.

Permanent residence is available through the Subclass 186 Labour Agreement stream after three years (Skill Level 1, 2, and 3) or four years (Skill Level 4 and 5) of full-time employment in the nominated occupation with the same sponsoring employer, provided the worker is under 50 at the time of visa application lodgement. Workers on a Subclass 494 also have a potential pathway through the Subclass 191 Permanent Residence (Skilled Regional) visa after meeting the relevant residence and employment requirements.

Workers harvesting lettuce in a greenhouse

How our migration lawyers can help

Our migration lawyers assist horticulture employers in confirming HILA eligibility, mapping nominated roles to the correct approved occupations, confirming the applicable skills assessment pathway, preparing labour market testing documentation, and drafting and lodging the HILA request. We also manage nominations and visa applications once the agreement is in place, and advise on pay, accommodation deduction rules, top-up obligations, and ongoing compliance throughout the agreement term.

Book a consultation to check your farm’s HILA eligibility

Whether you are a grower looking to sponsor your first overseas worker or an established horticulture business with recurring workforce gaps, our migration lawyers can assess your eligibility, map your roles to the correct approved occupations, and manage the HILA request from start to finish.

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.