Abbott government takes 'sensible approach' to labour market testing

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Created on Monday, 18 November 2013 16:31

Written by Editorial staff

The government is taking what Assistant Minister for Immigration and Border Protection Senator the Hon Michaelia Cash is calling a "sensible approach" to labour market testing.

This news will no doubt be welcomed by migration agents and clients applying for 457 visas alike.

The previous government labour market testing would be a requirement for all employers looking to employ skilled migrant workers.

This regulation is part of the Migration Amendment (Temporary Sponsored Visas) Act 2013, which was passed by Parliament in June.

It was, however, passed without "proper consultation", according to Ms Cash - an issue the Abbott government is looking to remedy.

The introduction of labour market testing has been delayed until November 23, so the Department of Immigration and Border Protection (DIBP) has sufficient time to garner employers' and employees' views on it.

Ms Cash said it was "a sad indictment of the previous government" that the DIBP has to consult on legislation that has already been introduced and even passed by Parliament.

“The Abbott government is committed to ensuring that the subclass 457 program acts as a supplement to, and not a substitute for Australian workers,” said Ms Cash in a November 15 statement.

She added that while Australian workers should always be considered first when employers are looking to fill positions, binding organisations in "needless red tape" would only hinder their growth and ultimately cost jobs in the long run.

That's why the Abbott government has opted to exempt highly skilled occupations from the labour market testing requirement.

Ms Cash explained that when this piece of legislation is introduced later this month, it will apply predominantly to "trade and technical occupations" that are part of the subclass 457 program.

In addition to highly skilled occupations, there are a few other cases in which labour market testing may be bypassed.

For instance, if the regulation would conflict with the country's international trade obligations, or if there was a major disaster in Australia, labour market testing would not be required.

In the latter case, it would be important for relief and recovery workers from overseas to enter the country "unimpeded", said Ms Cash.

If you have any questions about how labour market testing could impact your application for a 457 visa, get in touch with migration agents in Australia today.