Horticulture Industry Labour Agreement Explained

What Can a Horticulture Industry Labour Agreement Be Used For?

The Horticulture Industry Labour Agreement allows Australian employers to: 

  1. Sponsor Overseas Workers for Skill In Demand Visa (SID) (Subclass 482) - Employers can sponsor overseas workers for a total of 31 approved occupations. 

  2. Sponsor Overseas Workers for Permanent Residency 

    1. Under the Skilled Employer Sponsored Regional (SESR) Visa (Subclass 494) program, which provides a permanent pathway to the permanent residence (PR) Skilled Regional Visa (Subclass 191) after 3 years. 

    2. Under the Employer Nomination Scheme (ENS) Visa (Subclass 186) program, which allows for a transition to permanent residency after a three or four-year period on a SID Subclass 482 visa (three years for approved Skill Level 1-3 occupations and four years for approved Skill Level 4-5 occupations). 

  3. Access Concessions to Standard Skilled Visa Requirements 

    1. A discount of up to 10% on the Temporary Skill Migration Income Threshold (TSMIT) if it can be demonstrated that equivalent Australian workers do not earn at least TSMIT. 

    2. A broader range of monetary payments (e.g., regularized overtime) and non-monetary benefits (e.g., accommodation) can be counted as guaranteed earnings. 

  4. English Language Requirements 

    1. For the TSS visa, overseas workers must score at least IELTS 5.0 overall, with at least IELTS 4.0 in each individual component. 

    2. For the ENS and SESR visas, overseas workers must score at least IELTS 5.0 overall, with at least IELTS 4.5 in each individual component. 

  5. Age Flexibility - Overseas workers can be up to 50 years of age when applying for an ENS or SESR visa. 

How Can I Apply for a Labour Agreement?

Horticultural industry employers can submit an application to the Department of Home Affairs. The application process includes: 

  1. Accessing Online Forms: Employers can find online labour agreement request forms available in ImmiAccount.

  2. Completing the Application: Fill out the necessary details and provide supporting documentation as required. 

  3. Submitting the Application: Submit the completed application through the ImmiAccount portal. 

For further assistance, employers may wish to consult with migration professionals or the Department of Home Affairs directly.

How Can Agape Henry Crux Help

For detailed information on any work visas’ Labour Agreement stream and if you are eligible for the visa, seek professional advice from our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and registered migration agents at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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