Horticulture Industry Labour Agreement (HILA) – Complete 2026 Guide for Employers and Workers

If you run a horticulture business in Australia, you may already know how hard it can be to find the right workers at the right time.

This is where the Horticulture Industry Labour Agreement, often called HILA, can become important.

HILA allows eligible horticulture businesses to sponsor skilled and semi-skilled overseas workers for roles that may not be accessible under the standard employer-sponsored visa program. It can support temporary sponsorship, regional sponsorship and, in some cases, permanent residence pathways.

This guide explains how the Horticulture Industry Labour Agreement works in 2026, who it may suit, which visa pathways it can support, and what both employers and workers should consider before moving forward.



What is the Horticulture Industry Labour Agreement?

The Horticulture Industry Labour Agreement is an industry-specific labour agreement for Australian horticulture businesses that need to sponsor overseas workers where suitably qualified Australian workers are not available.

In practical terms, HILA may help eligible employers sponsor workers through the labour agreement streams of:

1. Skills in Demand visa, subclass 482
2. Skilled Employer-Sponsored Regional visa, subclass 494
3. Employer Nomination Scheme visa, subclass 186

The current HILA template confirms that the agreement may cover SID, SESR and ENS visas, with the SID visa available for up to 4 years, the SESR visa generally granted for 5 years, and the ENS visa providing permanent residence if all requirements are met.

Why HILA matters for Australian horticulture businesses

The industry continues to face serious workforce pressure. 

AUSVEG reported in October 2025 that workforce shortages remain one of the top challenges for vegetable growers, alongside compliance pressure, poor retail prices and rising production costs. Its 2025 Vegetable Industry Sentiment Report found that 60% of surveyed growers were experiencing workforce shortages.

That does not mean every horticulture business will qualify for HILA. It does mean employers who have genuine, ongoing shortages should consider whether HILA is the right pathway, especially where standard sponsorship does not properly fit the role.

Who can use the Horticulture Industry Labour Agreement?

HILA is for eligible Australian businesses operating in the horticulture industry.

An employer should be prepared to show:

1. The business genuinely operates in horticulture
2. The nominated occupation fits the approved HILA occupation list
3. The role is genuine and full-time
4. The salary and employment conditions comply with Australian workplace laws
5. The business has made genuine efforts to recruit locally
6. The business can meet sponsorship obligations
7. The overseas worker has the required skills, experience and English level
8. The business can comply with record keeping, salary and workplace obligations

For many employers, the difficult part is not understanding the broad concept. It is preparing the evidence clearly enough.

If you are ready to assess your options, you can book a consultation through our Application Preparation Service or contact our team through the Emerson Migration Law contact page.

HILA visa pathways: subclass 482, subclass 494 and subclass 186

The Horticulture Industry Labour Agreement may support three key visa pathways.

1- HILA and the subclass 482 Skills in Demand visa

The subclass 482 Skills in Demand visa is usually the temporary pathway.

Under HILA, a horticulture employer may be able to sponsor an overseas worker through the labour agreement stream of the subclass 482 visa.

This can be suitable where the employer needs a worker for a temporary period and the role fits one of the HILA-approved occupations.

The HILA template states that for the SID visa, the employer may select a proposed employment period of up to four years.

This can be valuable for employers who need more stability than short seasonal labour can provide.

2. HILA and the subclass 494 regional visa

The subclass 494 Skilled Employer Sponsored Regional visa can be especially relevant for horticulture businesses located in regional Australia.

The 494 visa is a five-year provisional visa. The HILA template confirms that the SESR visa is granted for five years where legislative requirements are met.

For employers, this can support longer-term workforce planning.

For workers, the 494 visa may also be attractive because it can provide a pathway toward permanent residence if the worker meets the relevant requirements later.

You can read more about this pathway in our guide to the Skilled Employer Sponsored Regional Visa 494.

3. HILA and the subclass 186 Employer Nomination Scheme visa

The subclass 186 visa is a permanent residence pathway.

Under HILA, some workers may be eligible for employer nomination through the labour agreement stream of the subclass 186 visa, depending on the occupation, the agreement terms and the worker’s circumstances.

If timing is a concern, our guide to ENS 186 Visa Processing Time may also be useful.

HILA occupations list in 2026

The current Horticulture Industry Labour Agreement lists 31 approved occupations.

These include:

Salary concessions under HILA

Salary is one of the most important areas to get right.

Under HILA, standard skilled visa salary requirements are varied so that the nominee’s earnings and the equivalent Australian worker’s earnings may be at least 90 percent of TSMIT or CSIT, rather than the full threshold, where the agreement allows it. The HILA template refers to this as the Reduced TSMIT or CSIT.

This can be significant for horticulture employers because some approved HILA roles sit in regional or industry contexts where standard thresholds may be difficult to meet.

However, this concession must be treated carefully.

It does not allow underpayment. It does not override workplace laws. It does not remove the need to pay the Annual Market Salary Rate where required.

The current Core Skills Income Threshold is AUD 76,515 for nomination applications lodged between 1 July 2025 and 30 June 2026.

Employers should also be aware of their obligations under the Fair Work Horticulture Showcase, especially where piece rates, casual loading, overtime, accommodation or deductions are involved. Fair Work states that piece rates under the Horticulture Award must allow a competent average pieceworker to earn at least 15 percent more than the relevant minimum hourly rate.

In simple terms: HILA may provide salary flexibility, but it does not make wage compliance optional.

English requirements under HILA

The HILA template provides specific English settings.

• For a subclass 482 SID visa under HILA, the worker must demonstrate an IELTS overall score of at least 5.0 or equivalent, with a minimum component score of 4.0 or equivalent.
• For subclass 494 SESR and subclass 186 ENS applications under HILA, the worker must demonstrate an IELTS overall score of at least 5.0 or equivalent, with a minimum component score of 4.5 or equivalent.

If the worker cannot meet the English threshold, the pathway may fail.

Age requirements under HILA

For subclass 494 SESR and subclass 186 ENS visas under HILA, the sponsor may only nominate an overseas worker who is under 50 years of age at the time of visa application lodgement.

This can be an important advantage compared with some standard permanent employer-sponsored settings, but it still needs to be assessed carefully.

Skills assessment and work experience under HILA

For occupations not on the eligible skilled occupation lists, the visa applicant must:

1. Undergo a skills assessment by VETASSESS
2. Meet the applicable skill level
3. Demonstrate at least two years of relevant work experience

VETASSESS also confirms that it assesses a number of occupations under the Horticulture Industry Labour Agreement.

This is often where employers and workers need to slow down.

A worker may be excellent in practice, but the evidence must still show the right qualifications, training, duties, employment history and experience for the nominated HILA role.

Common HILA mistakes employers should avoid

HILA can be a powerful pathway, but it needs to be handled carefully.

The most common problems include the following.

1. Choosing the wrong occupation

A job title alone is not enough.

The actual duties must match the nominated HILA occupation. For example, a “manager” title will not help if the person is not genuinely performing management duties.

This is especially important for roles with the 070499 code, where duties can vary widely across horticulture operations.

2. Treating HILA as seasonal labour

HILA is not designed to replace ordinary seasonal recruitment.

The sponsored role must be genuine, skilled or semi-skilled, full-time and connected to an approved occupation.

3. Assuming salary concessions remove workplace obligations

The employer must still comply with workplace laws, relevant awards, record-keeping obligations and equivalent employment conditions.

The HILA template requires the approved sponsor to employ the primary sponsored person on a full-time basis and restricts deductions from salary unless properly authorised. It also requires top-up payments where an equivalent Australian worker is paid more for equivalent work in a 12-month period.

4. Not documenting local recruitment properly

Employers may be asked to provide evidence of labour market testing undertaken in the previous 12 months, updated workforce plans and evidence of a strong record of employing local labour.

This should not be left until the last minute.

5. Relying on verbal work experience

Migration applications are evidence-based.

Workers should be prepared to provide strong documents, such as employment references, payslips, contracts, tax records, training records and proof of duties.

6. Not checking accommodation and deduction rules

Horticulture employers often provide accommodation or board. Under HILA, accommodation must not be compulsory, must be charged at a fair and reasonable market rate and must comply with workplace laws.

This is a compliance risk area and should be reviewed before sponsorship begins.

Employer obligations under HILA

Employers approved under HILA must pay the nominee directly, including taxes and superannuation, from the organisation’s Australian bank account.

The sponsor must also ensure that if a labour hire or recruitment company is used to source an overseas worker, that provider is properly licensed under relevant state or territory legislation, and the overseas worker must work directly for the sponsor once employed.

This is why HILA should be approached as a business compliance strategy, not just a visa application.

If your business is considering broader workforce solutions, you may also wish to compare HILA with a Company Specific Labour Agreement or a DAMA visa pathway.

HILA for workers: what you should know before relying on this pathway

If you are a worker hoping to be sponsored under HILA, the most important thing to understand is this:

You cannot apply for HILA by yourself. You need an eligible employer who is approved under the Horticulture Industry Labour Agreement and willing to nominate you for an approved role.

You should also consider:

1. Whether your occupation is on the HILA list
2. Whether your experience matches the duties of that occupation
3. Whether you need a VETASSESS skills assessment
4. Whether your English score is high enough
5. Whether your age affects a 494 or 186 pathway
6. Whether your employer can meet salary and sponsorship obligations
7. Whether the role is genuinely full time
8. Whether your documents are strong enough

This is especially important if you have worked in horticulture for years but your records are incomplete.

Workers should consider gathering:

1. Passport
2. CV
3. Employment references
4. Payslips
5. Tax records
6. Contracts or appointment letters
7. Training certificates
8. Qualifications
9. Evidence of duties performed
10. English test results
11. Skills assessment documents, if required
12. Licensing evidence, if relevant
13. Health and character documents when requested

The evidence should explain what the worker actually did, how long they performed the duties, whether the work was paid, whether it was full-time or part-time, and how the duties match the nominated HILA occupation.

How Emerson Migration Law can help

HILA applications require both migration strategy and careful evidence preparation.

At Emerson Migration Law, we understand that every sponsorship matter has two sides.

For employers, it may be about keeping a business operating, filling a critical role and planning for long-term workforce stability.

For workers, it may be about security, family, career progression and the possibility of building a future in Australia.

Our role is to help you understand the pathway clearly before you commit to it.

We can assist with:

1. HILA eligibility assessment
2. Occupation mapping
3. Employer sponsorship strategy
4. Labour agreement preparation
5. Nomination applications
6. Visa applications
7. Evidence review
8. Compliance risk identification
9. Comparing HILA with 482, 494, 186, DAMA or company specific labour agreement options

If you are ready to assess your options, you can book through our Application Preparation Service or contact our team through the Emerson Migration Law contact page.

About the author:

Aishwarya Somal

LLB. (UQ) GradDipLP

Aishwarya Somal is a multi award-winning Australian Immigration lawyer, recognised for delivering commercially nuanced solutions for global investors, professionals, and businesses wishing to migrate to Australia. With a reputation for precision and personalised service, Aishwarya’s unique strength lies in navigating complex migration pathways with commercial insight and global perspective.

Contact Aishwarya