Advertising Industry Labour Agreement | Australian Migration Lawyers

At a glance: key facts

75%Minimum Australian workforce

300Approved visas per year (cap)

5 yearsMaximum agreement term

5Confirmed occupations

Tính năng	Detail
Agreement type	Industry labour agreement (pre-negotiated template, fixed conditions)
Negotiating bodies	Media Federation of Australia (MFA) and Advertising Council Australia (ACA)
Administering department	Department of Home Affairs
Visas available	Skills in Demand visa (Subclass 482) labour agreement stream; Employer Nomination Scheme (Subclass 186) labour agreement stream
Confirmed occupations	Advertising Specialist (ANZSCO 225111), Graphic Designer (ANZSCO 232411), Copywriter (ANZSCO 212411), Multimedia Designer (ANZSCO 232413), Web Developer (ANZSCO 261212)
Minimum Australian workforce	At least 75% of the sponsoring employer’s workforce must be Australian citizens or permanent residents
Annual visa cap	300 approved visas per year across all participating businesses
Labour market testing	Compulsory before each nomination
Industry endorsement	Required from MFA or ACA before the Department of Home Affairs will consider a request
Agreement term	Up to five years from grant
Skill level concession	The agreement applies a concession reducing the standard skill level requirement; most occupations carry Skill Level 1 under ANZSCO but the agreement allows nomination at Skill Level 2 with at least three years of relevant experience
Đánh giá kỹ năng	Required via VETASSESS for most occupations prior to nomination
Salary requirement	Market salary rate for the role; specific salary floor depends on the executed agreement terms

Thỏa thuận lao động trong ngành quảng cáo là gì?

Group of creative professionals collaborating on a project

An industry labour agreement is a template arrangement with fixed terms and conditions negotiated between the Department of Home Affairs and an industry representative body on behalf of employers within a specific sector. The terms are set through a process involving demonstrated evidence of ongoing labour shortages and consultation across the industry, which means that individual businesses joining the agreement do not need to conduct a full negotiation from scratch. Instead, they need to satisfy the Department of Home Affairs that they meet the agreement’s requirements and obtain endorsement from the relevant industry body.

The Advertising Industry Labour Agreement was developed to address documented skills gaps in specialist advertising and media roles where the domestic workforce has been unable to meet sustained industry demand. It is authorised under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), which provide the legislative basis for the Australian Government to enter into labour agreements with employers experiencing genuine shortfalls that standard migration pathways cannot resolve.

For a broader overview of how labour agreements work, including company-specific and designated area migration agreements, see our Labour Agreements page.

Employer eligibility for the Advertising Industry Labour Agreement

Not every advertising or media business qualifies to participate in the agreement. To use the Advertising Industry Labour Agreement as a labour agreement sponsor, a business must satisfy several conditions.

The business must be operating lawfully in Australia within the advertising or media sector. The Department of Home Affairs assesses whether the business is genuinely active in the industry, not merely a nominal participant seeking migration access.

Endorsement from the MFA or ACA is required before the Department of Home Affairs will accept a labour agreement request. The MFA and ACA jointly manage their own pre-vetting process to confirm the business is a legitimate member organisation, that the sponsorship reflects a genuine need, and that the request is consistent with the agreement’s purpose.

The business must maintain at least 75% of its total workforce as Australian citizens or permanent residents at the time of each nomination. This is a fixed condition of the agreement and must be supported by current payroll or workforce composition data.

The business must have a satisfactory sponsorship compliance history. Prior adverse findings, outstanding migration-related liabilities, or a pattern of non-compliance with sponsorship obligations will weigh against approval.

The business must be able to demonstrate a genuine, documented need for the overseas worker, backed by evidence that local recruitment was conducted and did not identify a suitably qualified candidate.

Occupations covered

The Advertising Industry Labour Agreement covers five occupations, confirmed across multiple active agreements on record with the Department of Home Affairs:

Chuyên gia quảng cáo

ANZSCO 225111

Nhà thiết kế đồ họa

ANZSCO 232411

Người viết quảng cáo

ANZSCO 212411

Nhà thiết kế đa phương tiện

ANZSCO 232413

Nhà phát triển web

ANZSCO 261212

Under the standard ANZSCO classification, Advertising Specialist, Copywriter, Graphic Designer, and Multimedia Designer are each Skill Level 1 occupations, meaning they ordinarily require a bachelor degree or higher qualification. Web Developer (ANZSCO 261212) is classified at Skill Level 2. One of the key concessions negotiated under the Advertising Industry Labour Agreement is a reduction in the skill level requirement, allowing nomination at the equivalent of Skill Level 2 for most roles. As a condition of this concession, the agreement requires sponsored workers to hold at least three years of relevant work experience. A formal skills assessment through VETASSESS is required for Advertising Specialist, Copywriter, Graphic Designer, and Multimedia Designer prior to nomination.

It is worth noting that graphic designers, copywriters, multimedia designers, and web developers may be eligible for standard Skills in Demand visa sponsorship through the Core Skills Occupation List, depending on the salary offered and the employer’s circumstances. The advertising industry agreement pathway is most relevant where standard sponsorship is not available or where the employer’s situation makes the industry arrangement the more appropriate route. Our migration lawyers can assess which pathway best suits your business.

Visa options: Skills in Demand and Employer Nomination Scheme labour agreement streams

Once an advertising business has an executed Advertising Industry Labour Agreement, it can nominate skilled overseas workers under two distinct visa pathways.

Tạm thời

Skills in Demand visa (Subclass 482) labour agreement stream

The Skills in Demand visa (Subclass 482) is the temporary visa pathway for overseas advertising professionals sponsored under the agreement. The Skills in Demand visa replaced the former Temporary Skill Shortage (TSS) visa on 7 December 2024 and operates through three streams: Specialist Skills, Core Skills, and Labour Agreement. For businesses with an executed labour agreement, the Labour Agreement stream of the Subclass 482 is the applicable temporary sponsorship route. The salary and conditions for workers nominated under this stream are governed by the terms of the executed agreement rather than the general income thresholds that apply to the Core Skills and Specialist Skills streams.

Permanent

Employer Nomination Scheme (Subclass 186) labour agreement stream

Workers sponsored on a Subclass 482 Labour Agreement stream may be eligible to apply for permanent residence through the Labour Agreement stream of the Employer Nomination Scheme (Subclass 186) visa. Eligibility depends on the specific terms of the executed agreement, the worker’s English language proficiency, relevant work experience, and the employer’s continued compliance with sponsorship obligations. Because the requirements under this stream are defined by the agreement rather than the standard Subclass 186 criteria, certain concessions may be available in relation to age, English, or skills assessment requirements, subject to what was approved when the agreement was executed.

Salary, concessions and industry commitments

Lương

Businesses must pay each sponsored worker at the Annual Market Salary Rate (AMSR) for the nominated role, as required under Australian migration law. The executed agreement may also set a minimum salary floor for specific occupations. Because salary requirements under the Labour Agreement stream are determined by the agreement’s terms rather than a standard published threshold, the applicable figure should be confirmed against the current agreement template and Department of Home Affairs guidance before lodging any nomination. Our migration lawyers can assist with salary benchmarking advice.

Training contribution

Businesses participating in the Advertising Industry Labour Agreement are required to contribute to recognised industry training programs. This commitment reflects the broader policy objective that overseas sponsorship supplements rather than replaces domestic workforce development. The contribution supports programs designed to upskill Australian workers within the advertising sector.

Labour market testing

Labour market testing is compulsory under the agreement and must be completed before each nomination is lodged. The business is required to advertise the position in Australia and document that no suitably qualified local candidate was available. The Department of Home Affairs has consistently applied rigorous standards to labour market testing; advertising that appears genuine but is not seriously intended to recruit locally will not satisfy the requirement. Testing should be thorough, conducted within the required timeframes, and retained in a form that can be submitted with the nomination.

Các gian hàng nhượng quyền

The agreement may allow for certain concessions to standard visa criteria, such as modifications to English language requirements, age thresholds for permanent residence, or skills assessment conditions. Any concession must be specifically approved as part of the executed agreement and cannot be assumed based on other businesses’ arrangements. Employers should confirm the concession position in the current template before relying on any specific concession in a nomination.

Industry agreement vs standard sponsorship vs company-specific agreement

Choosing the right pathway depends on the business’s circumstances, the occupation involved, and the salary being offered. The table below sets out when each approach is most appropriate.

Consideration	Advertising industry labour agreement	Standard Skills in Demand sponsorship	Company-specific labour agreement
Best suited when	The occupation is on the template and the employer meets the 75% workforce ratio	The occupation is on the Core Skills Occupation List and salary meets the income threshold	The occupation does not appear on any standard list and does not fit the industry template
Endorsement required	Yes, from MFA or ACA	KHÔNG	Negotiated directly with Home Affairs
Negotiation with Home Affairs	Template terms apply; negotiation is limited	None required	Extensive; terms are fully negotiated
Workforce ratio condition	At least 75% Australian workforce	No ratio requirement	Set within the specific agreement
Permanent residence pathway	Subclass 186 Labour Agreement stream	Subclass 186 Direct Entry or Temporary Residence Transition stream	Subclass 186 Labour Agreement stream
Typical complexity	Moderate	Lower	High

Where the occupation and salary allow for standard Skills in Demand sponsorship, that route will generally be faster and less administratively intensive. The advertising industry agreement is most relevant where standard sponsorship is not available for the role, or where the employer’s circumstances make the industry arrangement the most appropriate path. Our migration lawyers can assess your agency’s specific position and identify the most practical option.

How to obtain an Advertising Industry Labour Agreement

Obtaining an Advertising Industry Labour Agreement involves several sequential steps and requires careful preparation at each stage. The process is more involved than standard employer sponsorship and typically takes several months from initial preparation through to execution.

Confirm eligibility and obtain industry endorsement
Before approaching the Department of Home Affairs, the business must satisfy itself that it meets the agreement’s employer requirements and obtain a formal endorsement letter from the MFA or ACA. The endorsement confirms that the business is a legitimate industry participant and that the proposed sponsorship is consistent with the agreement’s intent. Without a valid endorsement, the Department of Home Affairs will not process the request.
Tiến hành kiểm tra thị trường lao động
Compulsory labour market testing must be completed before the request is submitted. The business must advertise the position in Australia through appropriate channels and retain documented evidence that no suitably qualified local candidate was identified. The testing must be conducted within the timeframes specified under migration law and must reflect a genuine recruitment effort.
Prepare and submit the labour agreement request
The business submits a formal labour agreement request to the Department of Home Affairs. The request sets out the basis for the sponsorship, the nominated occupation or occupations, proposed salary and conditions, evidence of the genuine workforce need, labour market testing outcomes, and the industry body endorsement letter.
Agreement executed
If the Department of Home Affairs is satisfied that the request meets the applicable requirements, the agreement is executed and the business becomes an approved labour agreement sponsor. The executed agreement sets out the specific conditions under which nominations can be made, including any approved concessions and the permitted number of nominations per year.
Lodge nominations and visa applications
Once the agreement is in place, the business can lodge individual nominations for overseas workers under the Subclass 482 Labour Agreement stream. After the nomination is approved, the worker lodges their visa application. The Subclass 186 Labour Agreement stream for permanent residence becomes available once the worker has met the service and employment conditions specified in the agreement.

What the Department of Home Affairs expects to see

A labour agreement request is a detailed evidentiary submission. The Department of Home Affairs typically expects the following to be addressed:

Current business financials demonstrating the size and ongoing viability of the business
Workforce composition data confirming the 75% Australian workforce ratio is satisfied
Documented evidence of recruitment attempts that were unable to identify a suitable local candidate
A current endorsement letter from the MFA or ACA
Salary benchmarking demonstrating that the proposed remuneration meets the market salary rate for the role
A training contribution commitment explaining how the business will support the upskilling of Australian workers

Weak or incomplete documentation is one of the most frequently cited reasons for refusal or significant delay in processing labour agreement requests.

Obligations once your agreement is approved

Holding an Advertising Industry Labour Agreement carries ongoing obligations that apply alongside the standard duties of an approved sponsor under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth).

Businesses must pay each sponsored worker at the salary rate specified in the agreement and must not reduce conditions below what was approved. Accurate employment records must be maintained and made available to the Department of Home Affairs upon request.
Any change in the worker’s employment arrangements, or any material change to the business that affects the accuracy of the information provided in the labour agreement request, must be reported to the Department of Home Affairs.
Businesses must adhere to the nomination ceiling set by the agreement. The industry-wide cap of 300 approved visas per year applies across all participating businesses, and individual agreements may also specify their own annual nomination limit.
The 75% Australian workforce ratio must be maintained at the time of each subsequent nomination, not only at the time the original agreement was executed. Businesses that fall below this threshold will be unable to lodge further nominations until the ratio is restored.
Training contribution commitments must be maintained for the full term of the agreement.

For a complete explanation of sponsor obligations under Australian migration law, see our Sponsorship Obligations page.

Common reasons labour agreement requests are refused

Understanding the most frequent grounds for refusal can help businesses prepare more effective submissions.

Nominating roles outside the agreement

Requesting occupations that are not covered by the advertising industry template, without a sufficient basis for their inclusion, will result in the request being declined. Each nominated occupation must fall within the agreement’s fixed terms.

Missing or insufficient industry endorsement

A request submitted without a valid, current endorsement letter from the MFA or ACA cannot proceed. Endorsement letters that have expired or that do not clearly confirm the business’s eligibility will not satisfy this requirement.

Việc đánh giá thị trường lao động chưa đầy đủ

Labour market testing that was conducted outside the required timeframes, that relied on inadequate advertising channels, or that does not demonstrate a genuine effort to recruit locally is a common reason for refusal. Advertising that is notional rather than substantive will not satisfy the Department of Home Affairs.

Salary below the required level

Proposing a salary that falls below the market rate for the occupation, or that does not meet any salary floor set by the agreement, undermines the integrity of the request and will result in it being declined.

Workforce ratio not met

If the business cannot demonstrate at the time of the request that at least 75% of its workforce is composed of Australian citizens or permanent residents, the request will not meet the agreement’s conditions and cannot proceed.

Information for overseas advertising professionals

Overseas workers cannot initiate a visa application under the Advertising Industry Labour Agreement independently. The agreement must be held by an Australian employer, and the employer is responsible for initiating the entire process, from obtaining industry endorsement through to lodging the formal labour agreement request with the Department of Home Affairs. Only after the agreement is executed and a nomination has been approved can the worker lodge their own visa application.

If you are an overseas advertising professional exploring whether an Australian employer might be able to sponsor you through this pathway, it is worth establishing whether a prospective employer is already a labour agreement sponsor or holds current MFA or ACA membership and is open to pursuing the process. Our migration lawyers can explain what the process involves from a worker’s perspective and advise on what to expect at each stage.

Creative professional editing a photo with graphics

How our migration lawyers can help

Our migration lawyers assist Australian advertising and media businesses at every stage of the labour agreement process. We can assess your agency’s eligibility before any formal steps are taken, advise on whether the industry agreement or an alternative pathway better fits your circumstances, and prepare the endorsement submission, labour market testing evidence, and labour agreement request documentation to the standard the Department of Home Affairs expects.

We also assist with individual nominations and visa applications once the agreement is in place, and provide ongoing compliance advice to help businesses meet their obligations throughout the term of the agreement.

Book a consultation to assess your agency’s eligibility

If your advertising or media business is facing skills shortages that cannot be addressed through standard employer sponsorship, the Advertising Industry Labour Agreement may provide the pathway you need. Book a consultation with our migration lawyers to discuss your eligibility, the roles you want to sponsor, and what the process involves.

This page provides general information about the Advertising Industry Labour Agreement and does not constitute legal or migration advice. Labour agreement terms and Department of Home Affairs requirements are subject to change.