Australia’s International Trade Agreements can determine whether employers are required to undertake Labour Market Testing for visa applicants from certain countries. Usually employers first need to have undertaken Labour Market Testing in the local labour market for suitable candidates before sponsoring a visa holder on a subclass 482/TSS visa – however exemptions may apply in limited cases. Employers do not need to undertake Labour Market Testing when an International Trade Obligation applies and a recent agreement with Chile will shortly remove the requirement for Australian employees to advertise before offering employment to Chile nationals.
Do I need to undertake Labour Market Testing for visa holders from Chile?
Australia and Chile are parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, however Chile is yet to ratify the Agreement.
If the Agreement is finalised with Chile, Australian businesses will no longer be required to undertake Labour Market Testing before sponsoring Chilean citizens for work in Australia. The Government expects the Agreement will begin to apply for Australian businesses from 8 March 2018.
Which countries have trade agreements with Australia?
Australia has entered into a number of International Trade Agreements. As a result, Labour Market Testing may not be required in some circumstances for citizens or permanent residents of the signature nations:
- Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area
- Australia-Chile Free Trade Agreement
- China-Australia Free Trade Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization
- Japan-Australia Economic Partnership Agreement
- Korea-Australia Free Trade Agreement
- Malaysia-Australia Free Trade Agreement
- Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement
- Singapore-Australia Free Trade Agreement
- Thailand-Australia Free Trade Agreement
To understand how the above International Trade Agreements apply and whether Labour Market Testing is required when sponsoring visa holders in your business, we encourage you to seek professional advice with one of our Registered Migration Agents.
We will keep you updated on any further changes to Australia’s International Trade Obligations and how these agreements may impact your business. If you have any queries, please contact our Registered Migration Agents on +61 8 9221 3388 (or National Free Call 1800 449 858) or [email protected]