International Trade Obligations and Labour Market Testing

By 13 February 2019July 27th, 2020No Comments

As many of you are aware, there is an important exemption of the usual Labour Market Testing requirement for TSS visas, where it would be inconsistent with Australia’s International Trade Obligations to require that a position be advertised in the standard way.

Australia currently has trade obligations stemming from 11 agreements. There was an important amendment in December 2018, when the Comprehensive Progressive Agreement for Trans-Pacific Partnership (TPP) was added. This agreement is also known as the TPP11, as it was signed by 11 countries – Australia, New Zealand, Canada, Japan, Mexico, Singapore, Vietnam, Brunei, Chile, Malaysia and Peru. To date, the TPP has only been ratified by the first 7 countries; it will come into force with the remaining 4 countries within 60 days of domestic ratification processes being completed.

According to the Department of Foreign Affairs website, other Free Trade Agreements that have been signed, but not yet ratified, are:

  • Pacific Agreement on Closer Economic Relations (PACER Plus) (Australia, New Zealand and 9 Pacific countries);
  • Australia – Hong Kong Free Trade Agreement;
  • Indonesia – Australia Comprehensive Economic Partnership Agreement; and
  • Peru – Australia Free Trade Agreement.

The concessions available under such agreements must be reciprocal. The Opposition has already indicated that if it wins Government at the forthcoming Federal election, it will seek to re-negotiate some of the concessions, including those which have created this Labour Market Testing exemption.

Please contact your Ajuria advisor to discuss whether any of these agreements apply to your matter.

DISCLAIMER This information is current as of 13 February 2019 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Author Ron Kessels

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