Australian Immigration Labour Agreements

Australian Visa Refusal - AAT Review & Appeal Assistance

If your Australian visa has been refused or cancelled, you may be eligible to have the decision reviewed by the Administrative Appeals Tribunal (AAT). The AAT is the only authority in Australia that can reassess the merits of a visa decision made by the Department of Home Affairs.
The review process allows applicants to present additional evidence, clarify information, and demonstrate why the decision should be reconsidered.

What the AAT Does

The AAT undertakes a complete review of your visa refusal or cancellation, which includes:

  • • Reassessing the facts of your case
  • • Reviewing relevant migration laws
  • • Considering new evidence or explanations
  • • Allowing you the opportunity to present your side through submissions or hearings

Processing times vary depending on case complexity but typically range from 12 to 18 months. If the AAT decision is affirmed (refusal stands), applicants may still have options such as:
  • • Applying to the Federal Circuit & Family Court, or
  • • Requesting Ministerial Intervention (in limited circumstances)

Types of Labour Agreements

Company-Specific Labour Agreements

A custom agreement negotiated directly between an employer and the Government to address unique or specialised labour needs. Assessed individually on a case-by-case basis.

Industry Labour Agreements

Created when the Government identifies ongoing national shortages in a particular industry.Employers can apply directly under these agreements if their industry is covered.

Designated Area Migration Agreements (DAMA)

DAMA allows employers in specified regional areas to sponsor skilled or semi-skilled overseas workers to fill local shortages. These agreements are negotiated by State/Territory governments or regional bodies.

Global Talent Scheme Agreements

A specialised pathway for employers seeking to sponsor individuals for highly skilled, niche, or cutting-edge roles. This scheme is now a permanent part of the migration program.

Project Agreements

Designed for companies working on major resource or infrastructure projects where a significant skills shortage exists. DFAT-endorsed projects can seek streamlined arrangements under this pathway.

How Can a Labour Agreement Help Employers?

A Labour Agreement can help businesses when:

• The required skill set cannot be sourced locally
• The occupation is not listed on standard skilled occupation lists
• The business needs to recruit a large workforce of overseas workers
• Regional areas face chronic labour shortages
• Industry growth demands skills not available in Australia.

These agreements provide access to tailored concessions such as:

• Lower English requirements
• Modified salary thresholds
• Age concessions
• Occupation flexibility
• Clear pathways to permanent residency (depending on terms)

Considering a Labour Agreement for Your Organisation?

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Requirements for a Labour Agreement

  • • Lawful operation in Australia for at least 12 months
  • • Strong financial capacity to support sponsored workers
  • • Evidence of genuine skills or labour shortages
  • • Commitment to employing Australian workers first
  • • A strategy for training, career development, and workforce participation
  • • Consultation with relevant industry stakeholders (e.g., unions, industry bodies)
  • • That the agreement is in the best interests of Australia, its industries, and communities

Labour Agreement – Frequently Asked Questions (FAQs)

  • 1. What is the timeframe for getting a Labour Agreement?
    Processing can take up to six months, depending on the complexity and supporting evidence.
  • 2. How does a Labour Agreement work?
    Once approved, employers can sponsor overseas workers outside standard occupation lists, including temporary and permanent visas, according to the specific terms of the agreement.
  • 3. How long does a Labour Agreement remain valid?
    Most Labour Agreements are valid for five years.
  • 4. How long can a worker stay on a Labour Agreement visa?
    Typically, workers can be sponsored for two or four years, depending on the terms, with potential pathways to permanent residency.
  • 5. Is a Dairy Industry Labour Agreement available?
    Yes. Currently, a labour agreement exists for the senior dairy cattle farm worker occupation with potential PR pathways.
  • 6. Do I need a migration agent or lawyer to apply?
    Not mandatory — but highly recommended. Labour Agreements are complex and evidence-heavy; most companies use migration professionals to ensure a successful outcome.
  • 7. Do I need to separately apply to become a Standard Business Sponsor?
    No. Approval of a Labour Agreement includes sponsorship permission.
  • 8. Do I still need to meet training benchmarks?
    No. Training benchmarks have been replaced by the Skilling Australians Fund (SAF) levy.
  • 9. What happens after the Labour Agreement is approved?
    Once approved, employers can begin nominating overseas workers according to the number, occupations, and concessions outlined in their agreement.
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