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Labour Agreement Concessions: Age, English, Salary and Work Experience
Emigrate Lawyers | Immigration & Family Lawyers Emigrate Lawyers | Immigration & Family Lawyers

Labour Agreement Concessions: Age, English, Salary and Work Experience

Labour agreement concessions can make an employer-sponsored pathway possible where a worker does not fit the standard visa settings. But a concession is not automatic merely because an employer uses a labour agreement. The exact agreement must authorise it.

What is a concession?

A concession modifies a standard migration setting for workers sponsored under a particular labour agreement. Depending on the agreement, concessions can relate to areas such as age, English language, salary or work experience.

Home Affairs publishes templates and information about labour agreement types, including industry agreements, DAMAs and company-specific arrangements.

Age concessions

Age concessions can be especially important where an employee is 45 or over and the long-term objective is permanent residence. However, the age limit and conditions can differ between agreements.

Do not assume that access to a 482 labour agreement stream means the worker will later satisfy a permanent visa age concession. Check the permanent pathway separately.

English concessions

Some agreements may allow modified English requirements for particular occupations or circumstances. The applicant still needs to satisfy the exact level stated in the agreement and any other visa requirements.

A concession should be documented before lodgement. Do not rely on an employer’s informal understanding of an agreement negotiated years earlier.

Salary concessions

Some labour agreement frameworks may modify income settings, subject to safeguards and the approved terms. Employers must still comply with Australian workplace law and ensure sponsored workers receive lawful employment conditions.

A migration concession is not permission to underpay a worker.

Work experience concessions

Where an agreement permits reduced experience requirements, the applicant still needs evidence demonstrating they meet the concession. References, payroll records, qualifications and occupational evidence should be consistent.

DAMA concessions

Designated Area Migration Agreements can provide access to additional occupations and negotiated concessions within a specified region. The relevant Designated Area Representative can have its own endorsement requirements in addition to Home Affairs processes.

Company-specific concessions

An employer seeking a company-specific agreement should justify why each requested concession is necessary. A concession request should be tied to demonstrated workforce realities, not merely convenience.

Read the actual agreement

Before advising a worker that a concession is available, confirm:

  • the agreement is current;
  • the occupation is covered;
  • the relevant visa stream is covered;
  • the concession is expressly authorised;
  • the worker meets any conditions attached to it; and
  • the employer has complied with endorsement or nomination requirements.

Plan the permanent pathway at the beginning

Where permanent residence is the goal, map the full sequence. A temporary concession may not carry across to the subclass 186 stage unless the agreement provides the necessary pathway.

For workers over 45, see our separate guide to visa options after age 45.

A concession does not waive every criterion

Health, character, identity, family and other requirements continue to apply unless the law or agreement provides otherwise. Each nomination and visa application must be prepared on its own evidence.

If you need advice about a labour agreement concession or a proposed DAMA/company-specific pathway, contact Emigrate Lawyers.

Related guide: company-specific labour agreements explains when a bespoke agreement may be considered instead of standard sponsorship.

Official resource: Home Affairs labour agreement guidance.

This article is general information only and does not constitute legal advice.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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