Migration Institute Australia has released Notice 12-26 August 2025 with the below information
International Trade Obligations relating to Labour Market Testing amendment
The Migration (International trade obligations relating to labour market testing) Amendment (CEPA) Determination 2025 amends LIN 21/075 to insert a reference to the Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA) in the list of current free trade agreements that are determined for paragraph 140GBA(1)(c) of the Act as an international trade obligation of Australia. The effect of this amendment is that the CEPA will be considered an international trade obligation of Australia for the purposes of paragraph 140GBA(1)(c) of the Migration Act.
The instrument also makes technical amendments such as renumbering of sections and the insertion of an authority provision to ensure it aligns with current Office of Parliamentary Counsel drafting practice for legislative instruments.
Members will need to refer to the text of the CEPA (in particular Annex 10A) to determine the conditions and limitations applicable to business visitors, installers and servicers, intra-corporate transferees, independent executives, contractual service suppliers and spouses and dependents of these business persons.
Please note that most Sc 482 applicants would fall under the contractual service supplier category and for this category the CEPA states labour market testing (LMT) may be required, to the extent that this is not inconsistent with Australia’s WTO commitments.
The instrument commences on 26 August 2025.
