4 Section 140GBA of the Act sets out a condition for labour market testing that needs to be met by approved work sponsors who wish to apply for Australian working visas on behalf of a visa applicant in certain circumstances (see subsection 140GB(2) of the Act). Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if:
– the person is or has applied to be, in a class of approved work sponsors (paragraph 140GBA(1)(a)); and
– the person nominates a proposed occupation and a particular position, associated with the nominated occupation, that is to be filled by a visa applicant (including proposed applicants) or a visa holder identified in the nomination (paragraph 140GBA(1)(b)); and
– it would not be inconsistent with any international trade obligation of Australia determined in a legislative instrument made under subsection 140GBA(2) to require the person to satisfy the labour market testing condition, in relation to the nominated position (paragraph 140GBA(1)(c)).
International trade obligations relating to labour market testing
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Viktor Ovcharenko
- Australian Working visa
Viktor Ovcharenko
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