Applicant Checklist: 5 Things to Ask an Employer Before Signing a Labour Agreement Contract

Before you sign an employment contract linked to visa sponsorship, slow down and get the facts in writing. In Australia, a Labour Agreement is a formal arrangement that can let an approved business sponsor skilled overseas workers where standard visa programs are not available or do not fit.

1) Which visa stream are you nominating me under, and what does the Labour Agreement allow?

Ask for the visa subclass, stream, occupation title and work location. One common pathway is the Skills in Demand visa (subclass 482) Labour Agreement stream, designed for workers nominated by employers who hold a Labour Agreement.

If the employer is vague, ask what the agreement changes compared with standard sponsorship, and request a written note of any special conditions tied to your role.

2) What salary will appear in the contract, and how was it calculated?

Request a clear base salary figure, superannuation, ordinary hours, allowances and overtime arrangements. Then ask how the employer checked the market rate for the role. Home Affairs sets salary requirements for nominated positions, including expectations around market salary rate and relevant thresholds.

If the contract is light on numbers, or the numbers do not match what the employer plans to lodge, ask for a revised draft before you sign.

3) Which costs are you paying, which costs am I paying, and are there repayment clauses?

Ask for a simple list separating employer costs (their sponsorship and nomination steps) from your costs (visa application charges for you and any family members, plus health checks and police certificates). The employer may also need to meet labour market testing and other evidentiary requirements as part of sponsorship.

If there is a repayment clause, ask what it covers, whether it reduces over time, and who decides the amount.

4) What are my day-to-day duties, and can the role or location change after I start?

Ask for a duty statement that matches the nominated occupation, plus your reporting line and main work site. If the role involves client sites, travel or rotating rosters, get that written in. This is where Employer sponsorship under a Labour Agreement in Australia can get messy: if duties drift away from what was nominated, the business may need to act quickly, and you may be left waiting for answers.

5) What happens if the job ends early, and what does probation mean in practice?

Probation is common, but it does not erase your entitlements. Fair Work Ombudsman notes employees still have entitlements during probation.

Ask about probation length, performance expectations, notice periods and termination steps. Employment contracts cannot undercut minimum standards, including National Employment Standards (NES).

It is also fair to ask what paperwork the employer will provide if employment ends, so you can take timely migration steps.

Get advice from a migration agent in Sydney

If you are moving to New South Wales, independent migration advice from a Sydney migration agent before you sign can save headaches.

If you’d like a second set of eyes on your Labour Agreement offer, speak with a migration agent in Sydney at Pace Migration before you sign. Contact the team to book a consultation and get clarity on your contract terms and sponsorship pathway.

Frequently Asked Questions:

1. What should I ask my employer before signing a Labour Agreement contract in Australia?

Ask for the visa subclass and stream, the nominated occupation and the work location in writing. Confirm the contract includes a specific salary figure, ordinary hours and leave conditions. Then ask about probation length, notice periods, and what happens if the nomination or start date changes, and any probation clause wording. Keep copies of drafts and emails.

2. Who pays the visa and sponsorship costs under a Labour Agreement?

It depends on the workplace. Employers often pay their sponsorship and nomination costs, while applicants commonly pay visa application charges and personal costs like medicals and police checks. Ask for a written breakdown and read any repayment clause carefully, especially if it is broad or has no clear end date.

3. Does a Labour Agreement guarantee my visa will be granted?

No. A Labour Agreement may allow an employer to nominate, but the Department still assesses each visa application against the visa criteria.

Be cautious if someone promises a guaranteed outcome or pressures you to sign quickly.

4. Can I change employers if I am sponsored under a Labour Agreement?

Sponsored visas usually link you to an approved sponsor and a nominated role. Moving employers can mean a new nomination and may involve a new visa step, depending on your situation. If you are considering a change, seek advice early and keep records such as your contract, duty statement and payslips.

5. What workplace rights do I have while on probation?

You still have minimum entitlements. Probation does not remove NES conditions, and Fair Work notes employees still receive entitlements during probation.

Ask for probation terms in writing, including notice periods, and get workplace advice if something seems off.

Tags: Labour Agreement in Australia, migration agent in sydney, Sydney migration agent

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