A wide range of farmer occupations, including beef cattle, mixed crop and livestock, poultry and pig farmers, may qualify for a skilled visa to Australia. Selected farmer occupations are eligible for a temporary or permanent visa, as well as a provisional visa which provides a pathway to a permanent residency visa after three years. We provide a comprehensive outline of these skilled visa pathways under the standard visa programs in our article on the Australian Visa Options For Farmers.
In this article, we turn our attention to Australian visa agricultural work options that are available for farm workers under the Horticulture Industry Labour Agreement, which aims to encourage and promote regional migration. Under this Labour Agreement, 31 occupations may be nominated for a skilled agriculture work visa in Australia. Farmer worker occupations that may be nominated under the Horticulture Industry Labour Agreement include an Irrigation Designer/ Manager, Agriculture Technician, Horticulture Farm Manager and a Horticulture Grower.
The Horticulture Industry Labour Agreement is designed to provide support to rural and regional communities to fill labour shortages by enabling employers greater access to skilled and semi-skilled migrant workers and, in turn, improve opportunities for growth and development in these communities.
The Horticulture Industry Labour Agreement is a type of Industry Labour Agreement, that is specially designed for a specific industry with fixed terms and conditions, in this case, the horticulture industry.
Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and the standard temporary or permanent visa programs are not available.
Before we discuss the potential new farm working visa Australia options for farm workers under the Horticulture Industry Labour Agreement, we first introduce you to some of the key elements that you need to consider when assessing your eligibility for a farm worker visa Australia.
What Do You Need To Consider When Applying For A Farm Worker Visa Australia?
Visas Target Areas Of Need
Certain skilled visas target skills shortages in certain geographical areas (including in regional Australia). Employers can sponsor or nominate suitably skilled applicants to fill vacancies in individual businesses, thereby addressing an employer-specific need. An example of this is an employer sponsored Subclass 482 Temporary Skill Shortage (TSS) visa for farm workers in Australia.
A Subclass 491 Skilled Work Regional (Provisional) visa is an example of a regional state sponsored visa for farm workers in Australia. A regional employer sponsored visa is the Subclass 494 Skilled Employer Sponsored Regional (Provisional) (SESR) visa.
Each skilled visa subclass is subject to a prescribed set of visa lodgement and grant requirements. The Horticulture Industry Labour Agreement also stipulates specified criteria that must be met to sponsor a worker under the agreement. These requirements are discussed further below in this article.
Skills Assessment
To be deemed ‘suitably qualified’ for a nominated farm worker occupation under the skilled visa program, applicants are required to demonstrate that they possess a minimum level of skills, qualifications and/or employment experience as prescribed by the migration provisions for the relevant skilled visa class which is being applied for. This may include the requirement that an applicant obtains a positive skills assessment in their nominated occupation (to be completed by a specified skills assessing body). The skills assessment must be within the accepted validity date (which is normally either three years from the date of issue, or on a date earlier if specified in the skills assessment).
It must also be the correct type of skills assessment. Applicants must have a skills assessment that meets the requirements for the visa for which they are applying. For example, some assessing authorities offer a provisional skills assessment for recent graduates of Australian educational institutions who are applying for a Subclass 485 Temporary Graduate visa. A provisional skills assessment issued for this purpose is not a suitable skills assessment for a permanent residence skilled visa application, for example.
Skill Assessments For Farm Workers
The prescribed skill assessing body for a farm worker visa Australia is Vocational Education and Training Assessment Services (VETASSESS).
The VETASSESS Skills Assessment considers the relevance of qualifications and employment to the nominated occupation. The qualification/s assessment assesses the general educational level of the qualification in Australian terms and the relevance of the major area of study. An assessment of both qualification/s and employment is required for permanent residency visa purposes.
A VETASSESS full skills assessment involves assessing your qualifications and employment against the suitability of your nominated farm worker occupation. Qualification assessment involves assessing the educational level comparability of your qualifications on the Australian Qualifications Framework (AQF) and determining the relevance of your qualifications for your nominated farm worker occupation.
An employment assessment involves determining whether your work experience (obtained either in Australia or overseas) is at an appropriate skill level and relevant to your nominated farm worker occupation.
A positive assessment of both qualifications and employment is required for a successful skills assessment for migration purposes.
Please refer to the VETASSESS website for further information.
The Horticulture Industry Labour Agreement specifies the skill assessment requirements to be met for a farm worker visa Australia (this is discussed further below in this article).
English Language
English language criteria also apply, which may require applicants to complete a prescribed English language test and achieve a specified minimum test score (there are exemptions in certain cases). Be aware that English test results are valid for a limited period (depending on the class of visa being applied for and the level of English competency required).
The Horticulture Industry Labour Agreement specifies the English language requirements to be met for a farm worker visa Australia (this is discussed further below in this article).
We now turn our attention to the employer sponsored Australian visa agricultural work options that are available under the Horticulture Industry Labour Agreement.
What Are The Possible Skilled Visa Options For A New Farm Working Visa Australia
Here we outline the features of the skilled farm worker visa Australia options that are available for farm workers under the Horticulture Industry Labour Agreement. We also provide links to further information on these visa options at the conclusion of this article.
Temporary Skill Shortage Visa
The Subclass 482 Temporary Skill Shortage (TSS) visa is a temporary employer sponsored visa that allows you to live and work in Australia for up to four years under the Horticulture Industry Labour Agreement. It also provides a pathway to permanent residence after two years.
To apply for a TSS Australian visa agricultural work, three applications must be lodged, namely:
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- your sponsoring employer must enter into a labour agreement (under the Horticulture Industry Labour Agreement) with the Government. One of the main benefits of a labour agreement is that it provides more flexible terms to the standard visa programs;
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- your sponsoring employer must also apply to nominate you for the position; and
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- you must separately apply for the Subclass 482 TSS visa.
All three applications may be lodged at the same time. But if your sponsoring employer already has an approved labour agreement in place, only a nomination and visa application are required to be submitted to the Department (labour agreements generally last for a period of five years).
Subclass 482 Visa Streams
The Subclass 482 Australian visa agricultural work comprises of three visa streams, including the Labour Agreement stream. Under this stream, the sponsoring employer must enter into a Labour Agreement with the Department. This is an alternative to the standard business sponsorship application which is required to sponsor workers under the short-term or medium-term stream. As the holder of this visa, you can work for your sponsoring employer in Australia for up to four years.
Employer Nomination Scheme (ENS)
The Subclass 186 ENS visa program is an employer sponsored visa option which grants you permanent residence in Australia. It comprises of three Australian visa agricultural work streams, including a Labour Agreement stream.
Under this stream, your sponsoring employer must have a labour agreement in place.
As the sponsored worker, you must have the minimum qualifications, experience and English language skills that are suitable to perform the occupation (as set out in the labour agreement).
You may be eligible for an ENS permanent residency visa if you hold a subclass 482 visa that was granted in accordance with the terms of the labour agreement.
This option requires two applications to be lodged in all cases: one for the nomination (which relates to the position which the sponsoring employer is seeking to fill) and one for the visa (which relates to you as the sponsored worker meeting specified criteria for grant of the visa).
Skilled Employer Sponsored Regional (Provisional) Visa
The Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa is a provisional visa option which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if specified requirements are met. The subclass 49 visa requires you to live and work in a designated regional area of Australia. The term of the subclass 494 visa is five years.
As a SESR visa holder, you can travel to and from Australia on an unrestricted basis over the visa term. You are also entitled to enrol in Medicare.
You may be sponsored for a subclass 494 skilled employer sponsored regional visa under either the employer sponsored or labour agreement stream. To sponsor foreign workers under the Horticulture Industry Labour Agreement, the relevant stream is the labour agreement stream.
Like with the TSS application, to apply for a SESR visa, there are three applications:
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- your sponsoring employer must enter into a labour agreement (which generally lasts for a period of five years);
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- your sponsoring employer must also apply to nominate you for a position in their business; and
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- you may lodge a visa application (here you need to meet visa grant criteria relating to such things as your qualifications, skills, experience, English language proficiency and age in accordance with the Labour Agreement).
To learn more about the subclass 494 SESR visa, please refer to the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Next, we explain how occupations are classified in Australia for the purposes of applying for a skilled visa.
How Are Occupations Classified And Defined For A Skilled Australian Visa Agricultural Work?
For migration law purposes, each nominated occupation is defined based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The ANZSCO occupational classification system provides a general description of each occupation, skill level, registration and/or licensing requirements and the tasks and duties that may be required to be performed as part of each occupation. Each occupation is assigned a unique ANZSCO code, which is used to identify the occupations that are eligible for a skilled agriculture work visa in Australia.
Each occupational category is made up of the following:
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- major group;
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- sub-major group;
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- minor group; and
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- unit group.
The next level below this are specific occupations, which are each identified using an ANZSCO code. Skilled visa eligibility is, in part, based on whether your occupation appears on the Skilled Occupation List (SOL) for the skilled visa that you are seeking to apply for or, as is discussed in this article, the occupation is included in a labour agreement. And as is discussed further earlier, occupations which are not in ANZSCO may also nominated under a labour agreement (a feature which is not available under the standard visa programs in which the SOL determines which occupations may be nominated for a skilled visa).
Note also that each ANZSCO occupation includes:
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- a general description of what the types of tasks that are performed in the occupation;
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- indicative skill level (i.e. qualifications and/or work experience requirements to perform the occupation in Australia);
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- tasks to be performed in the occupation;
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- specific occupations with specified duties to be performed
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- skill level;
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- specialisation; and
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- alternative title/s.
So what exactly is a labour agreement and how does it work?
Agriculture Work Visa In Australia Under A Labour Agreement
A labour agreement is negotiated between the Australian Government (represented by the Department of Home Affairs) and employers who seek to sponsor overseas workers for their business.
One of the main benefits of entering into a labour agreement is its flexibility as it enables an employer to negotiate terms that meet the needs of the business (different types of agreements allow for varying levels of flexibility). This means that an employer may be able to negotiate certain concessions to the skilled visa criteria that would normally apply under the standard employer sponsored visa grant requirements. This can include requirements relating to English language competency, salary and age thresholds.
A labour agreement can also be used to employ overseas workers in new or emerging occupations that are not defined in the ANZSCO (which is the occupational classification system used in Australia for migration purposes).
For example, the occupations of ‘Production Horticulture Supervisor’ and ‘Production Horticulturist’ are not included in ANZSCO. In this case, these occupations are defined in the Horticulture Industry Labour Agreement (this is discussed further below).
Under a labour agreement, an employer can sponsor or nominate suitably skilled overseas workers for an employer sponsored agriculture work visa in Australia in accordance with the terms which have been negotiated with the Department of Home Affairs (the Department) in the executed labour agreement (different types of agreements allow for varying levels of flexibility).
There are five types of Labour Agreements, as listed below:
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- Company specific labour agreements
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- Designated Area Migration Agreements (DAMA)
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- Project agreements
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- Global Talent Employer Sponsored (GTES) agreements
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- Industry labour agreements
To learn more about labour agreements, including the different types of labour agreements and how they operate, please refer to our Labour Agreement Visa article.
Now, let us delve into the detail of the Horticulture Industry Labour Agreement and how it works.
Horticulture Industry Labour Agreement
The Horticulture Industry Labour Agreement enables approved employers to sponsor skilled overseas workers for an Australian visa agricultural work in the 31 identified occupations for a temporary period of up to four years and/or for permanent residence. This includes both ANZSCO and non-ANZSCO occupations.
The terms and conditions of the Labour Agreement are set and non-negotiable. Concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the sponsoring business.
You can access the Horticulture Industry Labour Agreement on the Department’s website.
Which Visas Can Be Sponsored Under The Horticulture Industry Labour Agreement?
Employers can sponsor skilled overseas workers for the following skilled new farm working visa Australia under the Horticulture Industry Labour Agreement:
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- Subclass 482 Temporary Skill Shortage (TSS) visa;
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- Subclass 186 Employer Nomination Scheme (ENS) visa after a two-year transition period (under the Temporary Residence Transition stream after holding a TSS visa for two of the last three years);
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- Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa.
Which Occupations Can Be Nominated Under the Horticulture Industry Labour Agreement
The following occupations can be nominated under the Horticulture Industry Labour Agreement:
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- Irrigation Designer/ Manager (ANZSCO 234111)*
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- Agronomist (ANZSCO 234112)
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- Entomologist (ANZSCO 234518)*
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- Horticulture Grower (ANZSCO 070499)*
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- Protected Cropping Grower (ANZSCO 070499)*
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- Horticulture Research & Development Officer (ANZSCO 132511)*
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- Mechanical Engineer (ANZSCO 233512)
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- Horticulture Farm Manager (ANZSCO 070499)*
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- Quality Assurance Manager (ANZSCO 139914)
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- Biosecurity Officer (ANZSCO 311399)*
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- Facility Plant Manager (ANZSCO 149913)*
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- Facility Supervisor (ANZSCO 070499)*
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- Maintenance Electrician (ANZSCO 341111)*
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- Fitter and Welder (ANZSCO 323213)
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- Agriculture Technician (ANZSCO 321212)*
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- Mechanic (ANZSCO 321211)*
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- Senior Nurseryperson (ANZSCO 362411)
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- Nurseryperson (ANZSCO 362411)
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- Nursery Supervisor (ANZSCO 362411)
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- Truck Driver (ANZSCO 733111)^
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- Mobile Plant Operator (ANZSCO 721111)^
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- Fork Lift Driver (ANZSCO 721311)^
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- Irrigationist (ANZSCO 841999)^
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- Irrigationist Assistant (ANZSCO 841999)^
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- Horticulture Section Manager (ANZSCO 070499)*^
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- Section Supervisor (ANZSCO 070499)*^
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- Production Horticulture Supervisor (ANZSCO 070499)*^
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- Production Horticulturist (ANZSCO 070499)*^
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- Machinery Manager (ANZSCO 149913 or 149999)*
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- Machinery Supervisor (ANZSCO 149999)*
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- Cold Storage Manager (ANZSCO 149999)*
* Where an occupation does not exist in ANZSCO, the closest equivalent occupation available under ANZSCO has been utilised. Where no close equivalent exists, code 070499 (which is not an ANZSCO occupation) is used with the relevant skills/qualifications specified under the terms of each Labour Agreement.
^ Skill and qualification requirements differ from those stipulated in ANZSCO and are specified under the terms of the Labour Agreement.
What Are The English Language Requirements Under The Horticulture Industry Labour Agreement?
Skilled overseas workers must meet the following English language requirements under the Horticulture Industry Labour Agreement to qualify for a skilled agriculture work visa in Australia:
Subclass 482 Temporary Skill Shortage Visa
IELTS overall test score of at least 5.0 (or equivalent) with a minimum component score of score of 4.0 (or equivalent).
Subclass 186 Employer Nomination Scheme Visa
IELTS overall test score of at least 5.0 (or equivalent) with a minimum component score of score of 4.5 (or equivalent).
Subclass 494 Skilled Employer Sponsored Regional Visa
IELTS overall test score of at least 5.0 (or equivalent) with a minimum component score of score of 4.5 (or equivalent).
What Are The Skills, Qualifications And Work Experience Requirements Under The Horticulture Industry Labour Agreement?
For approved occupations on the eligible skilled occupation list, any application for a TSS, SESR or ENS visa connected with these occupations must satisfy the skill and qualifications requirements under the standard TSS, SESR and ENS visa programs.
For approved occupations not on the eligible list of skilled occupations, any application for a TSS, SESR or ENS visa associated with these occupations must undergo a skills assessment by VETASSESS.
What Are The Salary Requirements Under The Horticulture Industry Labour Agreement?
Sponsoring employers under the Horticulture Industry Labour Agreement must meet the salary requirements in place for the relevant skilled new farm working visa Australia subclass (i.e. subclass 482, 186 or 494).
In Category 3 regional locations, the earnings of the skilled overseas worker can be equal to, or greater than, 90% of the Temporary Skilled Migration Income Threshold (TSMIT).
The sponsoring employer must also employ skilled overseas workers on a full-time basis.
To learn about the TSMIT, please see our article on the Minimum Salary For Visa Sponsorship.
What Are The Age Limits Under The Horticulture Industry Labour Agreement?
There is no age limit for the Subclass 482 TSS visa.
The sponsoring employer may only nominate an overseas worker for a Subclass 494 SESR visa or a Subclass 186 ENS visa who is under 50 years of age at the time of visa application lodgement.
Are There Any Other Requirements Under The Horticulture Industry Labour Agreement?
Labour market testing requirements for the standard TSS and SESR visa programs will need to be met by the sponsoring employer.
Please refer to our article on the Labour Market Testing Requirements for further information.
Get More Information
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
How To Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For further information on the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Employer Sponsored Visa
To learn more about an employer sponsorship visa, please see the following articles:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
Skilled Visa
To learn more about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about applying for a farm worker visa Australia under the Horticulture Industry Labour Agreement and to assess your eligibility for an agriculture work visa in Australia.
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In conclusion, we note that the above discussion provides an overview of the Australian visa options for farm workers under the Horticulture Industry Labour Agreement. We also provide links to further information so that you can learn more about the skilled new farm working visa Australia options that are available for farm worker occupations to qualify for an agriculture work visa in Australia.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to migrate to Australia as a farm worker, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice on a skilled farm worker visa Australia, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.