What is a Fishing Industry Labour Agreement?

A Fishing Industry Labour Agreement (FILA) is a formal arrangement between the Australian Government and employers in the fishing sector. It allows businesses to sponsor skilled overseas workers to fill critical labour shortages that cannot be met by the local workforce. FILAs provide tailored visa pathways, concessions on standard eligibility requirements, and legal compliance frameworks to ensure workers are employed fairly while supporting the operational needs of the fishing industry.

Contact Australian Migration Lawyers today to start your journey.

Migration Law Basis (Migration Regulations & Labour Agreement Framework)

Fishing Industry Labour Agreements are governed by the Migration Regulations 1994 and the Labour Agreement framework established under Australian migration law. The Fishing Industry Labour Agreement operates within the nomination scheme visa subclass framework, including the Employer Nomination Scheme (scheme visa subclass 186), which outlines specific requirements for employer-sponsored migration. These agreements are negotiated with the Department of Home Affairs to allow sponsorship of occupations not always available under standard skilled migration programs. Occupational eligibility for these agreements is determined using the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the New Zealand Standard Classification, which standardize job roles and requirements for skilled migration.

Workplace and Employment Law (Fair Work, NES, awards)

Employers must comply with the Fair Work Act 2009, the National Employment Standards (NES), and relevant modern awards. Labour Agreements do not override employment protections; instead, they work alongside Australian workplace laws to ensure fair treatment of sponsored workers.

Award and Standard Employment Entitlements (Modern awards, minimum standards)

Workers sponsored under FILAs are entitled to:

• Minimum wage and overtime under the relevant Modern Award (e.g., Seafood Industry Award 2020).
• Leave entitlements, including annual, personal, and parental leave.
• Rest breaks, work hours, and workplace safety provisions are consistent with Australian law.

Key Features of a Fishing Industry Labour Agreement

Eligible Occupations (complete list with regional conditions)

Eligible occupations typically include:

• Seafood Process Worker
• Ship's Engineer (Fishing Industry)
• Ship's Master
• Ship's Officer
• Master Fisher
• Fish Processor Supervisor
• Deckhand/Skilled Fisher
• Aquaculture Technician

The Fishing Industry Labour Agreement lets you sponsor skilled overseas workers in six identified occupations.

Skilled overseas workers nominated as ‘Master Fisher', ‘Ship's Engineer (Fishing Industry)', ‘Ship's Master', ‘Ship's Officer', and ‘Seafood Process Worker' must meet the qualifications and experience requirements outlined in the ANZSCO.

In the Fishing Industry Labour Agreement, the Ship's Engineer completes the same tasks as outlined for the ANZSCO occupation Ship's Engineer (ANZSCO 231212), but on a fishing vessel.

Regional conditions may apply, prioritising employment in coastal or remote fishing regions where labour shortages are most acute.

Visa Pathways

Subclass 482 (Core Skills Stream)

• Temporary visa for skilled overseas workers under the Fila. This is commonly referred to as the Temporary Skill Shortage visa (subclass 482), also known as the skill shortage visa subclass or shortage visa subclass 482.
• There is no age limit for the Temporary Skill Shortage visa (subclass 482).
• Duration typically tied to project or seasonal requirements.

Subclass 494 (Regional Employer Sponsored)

• Regional visa pathway for workers in coastal or remote fishing operations, specifically referring to the provisional visa subclass 494 (also known as the employer-sponsored regional provisional or sponsored regional provisional visa).
• May provide access to permanent residency after meeting employment and regional criteria.

Subclass 186 (Labour Agreement Stream – PR Pathway)

• Permanent residency pathway for workers who meet skill, experience, and Labour Agreement requirements.
• This pathway is available through the Employer Nomination Scheme visa (scheme visa subclass 186), which is part of the nomination scheme visa subclass framework.
• Eligibility requires ongoing employment under the Labour Agreement for a set transition period.

Labour Market Testing Requirements

Employers must demonstrate genuine attempts to recruit local workers before sponsoring overseas staff, unless exemptions are granted under the Labour Agreement.

Terms & Concessions

Salary & Core Skills Income Threshold (CSIT) requirements

A skilled overseas worker's salary under the Fishing Industry Labour Agreement must meet or exceed the minimum thresholds, such as 90% of the Temporary Skilled Migration Income Threshold (TSMIT) in Category 3 regional locations, and must be at least equal to what an Australian worker would earn for the same work at the same location. Employers must meet the salary requirements specified for the visa programs under the Fishing Industry Labour Agreement. Skilled overseas workers must be employed on a full-time basis. If an equivalent Australian is paid more than a skilled overseas worker in any 12-month period, the employer must pay the skilled overseas worker an additional amount to equal the difference. Where overseas workers receive a percentage of the catch, their annual earnings must not be less than what would be paid to an Australian doing equivalent work in the sponsor's workplace at the same location.

Labour Agreements may allow flexibility on the standard CSIT to reflect industry norms and regional conditions.

English & experience requirements

Skilled overseas workers must:

• Demonstrate sufficient English language proficiency, meeting the required minimum IELTS scores or equivalent for different visa subclasses and regional categories.
• Provide test results to demonstrate sufficient English for their roles in the fishing industry. English language requirements must also be satisfied for the Temporary Skill Shortage visa (subclass 482), Employer Nomination Scheme visa (subclass 186), and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
• Meet both the occupation requirements and the above occupational requirements, including qualifications and experience requirements outlined in the ANZSCO
• Relevant industry experience is mandatory, and assessments may be required

Other concessions in regional categories

Ongoing labour shortages in regional areas may justify additional flexibility on age, qualifications, or skill assessments.

Regional employment categories may provide additional flexibility on age, qualifications, or skill assessments to address acute labour shortages.

Eligibility & Obligations for Employers

• Must operate a legally registered fishing business in Australia.
• Only a skilled employer can employ skilled overseas workers under the Fishing Industry Labour Agreement.
• Demonstrate genuine labour shortages in eligible occupations.
• Comply with sponsorship, wage, and training obligations under the Labour Agreement.
• Employers must comply with strict safety, accommodation, and food standards on vessels.
• Labour agreements specify health and safety standards, including survival gear and safety training requirements for fishermen.

Sponsorship Compliance & Monitoring Obligations

Employers are responsible for:

• Maintaining records of employment and remuneration.
• Reporting changes in the workforce or business operations to the Department of Home Affairs.
• Ensuring workers receive lawful employment conditions and workplace safety protections.

Rights & Protections for Employees

Employment Rights under Fair Work Law

Workers sponsored under FILAs are entitled to:

• Minimum wage and penalty rates.
• Leave entitlements and rest breaks.
• Protection from unfair dismissal and workplace discrimination.

Worker Safety & Conditions

• Employers must comply with Work Health and Safety (WHS) laws.
• Safe working conditions, protective equipment, and training are mandatory.

Pathway to Permanent Residency (requirements & transition period)

The Fishing Industry Labour Agreement allows you to sponsor a skilled overseas person for a temporary period of up to 4 years and/or for permanent residence.

Workers may transition from temporary visas (Subclass 482 or 494) to permanent residency (Subclass 186) after meeting continuous employment, skill, and regional requirements.

How to Apply for a Fishing Industry Labour Agreement

Steps for Businesses

• Assess Workforce Needs: Identify occupations experiencing shortages.
• Negotiate Labour Agreement: Submit a request to the Department of Home Affairs, detailing workforce needs, concessions sought, and compliance measures.
• Nominate Workers: Once approved, nominate overseas staff for visa sponsorship.
• Visa Application by Workers: Workers apply under the relevant visa stream (Subclass 482, 494, or 186).
• Employment & Compliance: Ensure ongoing adherence to employment and sponsorship obligations.

Our experienced lawyers are here to guide both fishing businesses and overseas workers through every stage of the Labour Agreement process. We help employers assess eligibility, negotiate Labour Agreement terms, and meet compliance and reporting obligations. For workers, AML assists with visa applications, skills assessments, English language requirements, and pathways to permanent residency, ensuring a legally compliant, efficient process from nomination to visa grant.

Common Challenges & Tips

• Navigating occupation lists and regional criteria.
• Demonstrating genuine labour market testing.
• Maintaining compliance with Fair Work obligations while meeting Labour Agreement requirements.

Our Tip: Engage expert legal guidance early to minimise delays and ensure all regulatory and visa conditions are met.

[free_consultation]

Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

[/free_consultation]

FAQ

What occupations are included under the Fishing Industry Labour Agreement?

Roles include fish processing workers, supervisors, deckhands, and aquaculture technicians, often prioritised for regional or remote locations.

How long does approval take?

Labour Agreement negotiation can take several months; visa processing is additional.

Can small fishing companies apply?

Labour Agreements are typically suited to businesses with genuine workforce shortages or seasonal demand. AML can advise smaller operators on eligibility or alternative sponsorship pathways.

Is permanent residency guaranteed?

No. Workers must meet the eligibility criteria for the Subclass 186 Labour Agreement stream, including skill, experience, and ongoing employment requirements.

Can family members be included?

Yes, eligible family members may be included in visa applications depending on the subclass.

What happens if the fishing season ends early?

Temporary visas may be tied to the seasonal or regional project. Workers may need to transfer to another employer or visa pathway, with AML able to provide guidance on options.