Trade Agreements and Labour Market Testing: What does the Labor Party propose?

By 6 November 2018August 19th, 2020No Comments

Labour Market Testing became a mandatory requirement for TSS visa applications on 18 March 2018. An exemption exists where the sponsored employee is a national of a country with whom the Australian Government has a Trade Agreement.

With an election looming, this is emerging as a point of difference between the Government and the Opposition Labor Party.  For some time, the Labor Party has expressed its concern about this exemption, and indicated that it would seek to amend existing trade agreements, by closing this exemption provision. It has also advised that this exemption would not be part of any future trade agreement that a future Labor Government would negotiate.

The Labor Party’s position was further clarified with the Hon Jason Clare MP, introducing A Fair Go For Australians in Trade Bill 2018 into Parliament on 15 October 2018. One of the objectives of this Bill is:

to improve the way that the Australian Government negotiates trade agreements by prohibiting the inclusion of clauses that undermine the temporary skilled migration system.

This Bill therefore calls for the Labour Market Testing exemption to be removed from trade agreements. Whether the Bill is passed or not, the Labor Party is signalling its intentions to take a stricter view of Labour Market Testing.

DISCLAIMER This information is current as of 6 November 2018 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.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

Let's Talk

Author Ron Kessels

More posts by Ron Kessels