Can Workers Get Sponsored Through a Labour Agreement if Their Occupation Is Not on the Standard List?

The short answer is yes, but with conditions. Australia’s standard employer-sponsored visas rely on occupation lists such as the Core Skills Occupation List (CSOL). If your role isn’t on one of them, standard sponsorship won’t work. Labour agreements exist precisely for this gap. They allow approved employers to sponsor workers in occupations outside the standard lists, provided the employer can demonstrate a genuine skill shortage that the Australian labour market cannot fill.

Why the Standard Lists Don’t Cover Every Role

The CSOL reflects occupations where Australia has documented, ongoing shortages. It’s reviewed annually by Jobs and Skills Australia and updated by the Minister for Immigration. But the list is necessarily broad. It captures occupations in aggregate, not every niche role that exists within an industry. Semi-skilled trade positions, highly specialised production roles, and occupations that blend duties across multiple ANZSCO codes often fall outside it entirely.

Some occupations don’t have an ANZSCO code at all. For these, the Department uses the non-standard code 070499, which is available through certain Designated Area Migration Agreements (DAMAs) and industry labour agreements. It signals that the role has been recognised through the agreement framework rather than the national classification system.

Which Agreement Types Cover Off-List Occupations

Three main agreement types can provide a pathway when the standard lists don’t apply:

Agreement Type	When It Applies	Key Feature
Company-Specific Labour Agreement	Occupation not on any standard list or ILA	Fully negotiated; bespoke occupations permitted
Industry Labour Agreement (ILA)	Employer is in a covered sector	Fixed occupations specific to that industry
DAMA	Employer is in a designated regional area	Expanded occupation lists, including non-ANZSCO roles

DAMAs are particularly effective for off-list roles. The Northern Territory DAMA covers 325 occupations, including roles that sit outside ANZSCO entirely. South Australia’s DAMA also includes non-ANZSCO occupations assigned the code 070499, with specific duty profiles published for each.

What the Employer Must Prove

A labour agreement is not a workaround for failing to find an Australian worker. The Department of Home Affairs will only approve one where the employer demonstrates:

• A genuine, documented skill shortage for the specific occupation
• Extensive local recruitment efforts that did not produce a suitable candidate
• The nominated role sits at ANZSCO skill levels 1 to 4 (skill level 5 may be considered in some regional contexts)
• A plan to train Australian workers so the agreement does not become permanent dependency
• Financial viability confirmed by a chartered or certified practising accountant

For company-specific agreements, relevant unions and industry bodies must also be consulted before the request is lodged.

Frequently Asked Questions

Can a worker apply for a labour agreement themselves?

No. Labour agreements are employer-led. The employer must negotiate and hold the agreement with the Department before the worker can be nominated and apply for a visa.

Does the occupation have to match an ANZSCO code?

Not always. Some DAMAs and industry labour agreements include roles assigned the non-standard code 070499 for occupations that exist outside the national classification system. The worker must still meet the specific duty and skill requirements set out in the agreement.

What visa does the worker get under a labour agreement?

Most labour agreements support the Skills in Demand visa (subclass 482), the Employer Nomination Scheme visa (subclass 186), and/or the Skilled Employer Sponsored Regional visa (subclass 494), depending on what the agreement provides.

Can the employer request concessions on English or salary for the off-list role?

Yes, in some cases. Concessions on English proficiency, salary thresholds, age, and work experience can be requested in a company-specific agreement, but each must be individually justified. DAMAs include pre-set concessions for eligible occupations within the regional framework.

How long does a labour agreement last?

Most labour agreements are approved for up to five years. The employer can nominate workers under the agreement during that period, subject to the caps and conditions set at approval.

Need a broader overview of how off-list occupations fit into employer sponsorship? Read our complete guide to labour agreements in Australia to see the full framework, including DAMAs, industry agreements, concessions, and visa pathways.

Not Sure if Your Occupation Qualifies?

Off-list occupations involve more moving parts than standard sponsorship. Identifying the right agreement type, building a business case that the Department will accept, and managing nominations once the agreement is in place all require careful, informed handling.

At Pace Migration, our MARA-registered agents have over 20 years of experience helping employers and skilled workers navigate the full range of Australian visa pathways, including employer-sponsored visas, labour agreements, and DAMAs. We assess your situation honestly, identify whether a labour agreement is the right route, and manage the process from the initial business case through to visa lodgement.

Book a consultation today and get a clear picture of your options.

Book a Consultation with Pace Migration

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