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A Labour Agreement is a formal arrangement between the Australian Government and an approved employer that allows sponsorship of overseas workers in occupations experiencing demonstrated labour shortages.
In the health and disability sector, Labour Agreements are designed to address critical workforce shortages in aged care, disability support, nursing support, and direct care roles.
Labour Agreements are negotiated with the Department of Home Affairs and operate under legally binding terms.
There are two primary types relevant to this sector:
Labour Agreements provide flexibility beyond standard employer-sponsored visa programs. They may allow sponsorship of occupations not available under the standard skilled occupation lists specified in legislative instruments, or provide concessions where local recruitment efforts have been unsuccessful.
The Aged Care Industry Labour Agreement was introduced in 2023 to address acute staffing shortages in Australia’s aged care sector.
It applies to approved aged care providers delivering:
A key feature of this agreement is mandatory consultation with relevant unions. Employers must enter into a Memorandum of Understanding with the applicable union or unions before accessing the agreement.
The Aged Care Industry Labour Agreement:
Australia faces ongoing workforce shortages in aged care, disability services, and nursing support roles.
Contributing factors include:
Labour Agreements provide a structured framework for employers to sponsor overseas workers while maintaining regulatory compliance and workforce protections.
Employers must demonstrate:
Health and disability employers benefit from:
The Skills in Demand visa (subclass 482) is the primary temporary pathway used under these agreements.
For overseas workers, Labour Agreements offer:
Under the Aged Care Industry Labour Agreement, workers may become eligible to apply for permanent residence through the Employer Nomination Scheme visa (subclass 186) after completing the required period of full-time employment in Australia.
Applicants for permanent residence must generally:
雇主必须：
Under the Aged Care Industry Labour Agreement, salary requirements are aligned with sector wage standards and applicable migration income thresholds.
Workers must:
For example, certain nursing roles require registration with the Australian Health Practitioner Regulation Agency.
Applicants must also satisfy health and character requirements under Australian migration law.
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Occupations must align with the Australian and New Zealand Standard Classification of Occupations.
Commonly included roles are:
Provides direct personal care to elderly persons or individuals with disabilities.
Requires relevant qualifications or substantial experience.
Provides basic nursing care under supervision in aged care, disability, or hospital settings. May require vocational qualifications and relevant work experience.
Assists clients with daily living tasks including mobility, hygiene, and feeding support.
Formal training in aged or disability care may be required.
Additional allied health and disability support roles may be included depending on the specific Labour Agreement and demonstrated workforce need.
The Skills in Demand visa (subclass 482) allows approved employers to sponsor overseas workers on a temporary basis.
Under a Labour Agreement stream:
The Employer Nomination Scheme visa (subclass 186) provides a permanent residence pathway.
Under the Aged Care Industry Labour Agreement, eligible workers may apply after completing the required period of full-time employment in Australia in an approved occupation.
Applicants must satisfy:
The employer:
Once approved, the Labour Agreement sets out:
The employer lodges a nomination under the relevant visa subclass, commonly:
The overseas worker lodges their visa application and must meet health, character, and skill requirements in force at the time of application.
Where applicable, workers may transition to permanent residence through the Employer Nomination Scheme visa (subclass 186), subject to:
Labour Agreements remain central to workforce planning in the health and disability sector.
Challenge: Navigating complex negotiation and documentation requirements.
Tip: Engage experienced migration professionals early in the process.
Challenge: Meeting English language or qualification standards.
Tip: Ensure skills assessments and credential recognition processes are completed well before nomination.
Challenge: Retention in regional areas.
Tip: Provide structured onboarding, housing assistance, and professional development support.
Health and Disability Labour Agreements require careful planning, detailed evidence, and precise compliance management. Early strategic advice can significantly reduce risk and streamline approval timeframes.
Australian Migration Lawyers assists employers across Australia with Labour Agreement negotiations, visa nominations, and ongoing sponsorship compliance.
Speak with us today to discuss your Labour Agreement journey.
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It includes specific occupations approved under the agreement, typically aged care, disability care, nursing support, and allied health support roles. Each worker must be nominated under the correct occupational classification.
It is a government-approved framework allowing aged care providers to sponsor overseas workers in approved direct care occupations where domestic recruitment is insufficient.
Negotiation and approval may take several months. Visa processing times vary depending on the visa subclass.
Workers may change employers only if:
Yes. The Department of Home Affairs maintains a publicly available list of approved Labour Agreement sponsors.
Applicants for the Employer Nomination Scheme visa (subclass 186) must generally be under 45 years of age at the time of application, unless an exemption applies under the specific Labour Agreement.
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