• Insights

Legislation on Skilling Australians Fund and Labour Market Testing Passes in Parliament

May 14, 2018

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Australian Parliament recently passed legislation to establish the Skilling Australians Fund and implement restricted labour market testing criteria, with a commencement date expected in June 2018.
  • Additionally, the 2018-2019 Australian Budget delivered a number of updates including further refund and exemption provisions for the Skilling Australians Fund, implementation of the Peru-Australia Free Trade Agreement and special visa arrangements to address doctor shortages.

The situation

The Australian Parliament recently passed legislation that addresses previously-announced labour market testing changes, and a Budget that will result in immigration-related changes. The key changes are discussed below.

  • Skilling Australians Fund Levy. The Bill to establish the Skilling Australians Fund (SAF) and implement the SAF Levy was passed by Parliament on May 9. An exact date for the commencement of the legislation has not yet been determined but may occur as early as June 2018. The Bill would add the following situations where employers could seek a refund of their SAF levy:
    • Where a TSS (Temporary Skills Shortage) Visa nomination application was refused because the employer's sponsorship application was refused;
    • The employer's sponsorship application was approved but the employee's subsequent TSS visa application was refused on health or character grounds;
    • The sponsorship and TSS visa applications were approved, but the TSS visa holder does not commence work with the employer; or
    • The TSS visa holder leaves the employer within the first 12 months of employment. This will only be applicable in situations where the validity of the visa granted was longer than 12 months and refunds will only be available for the unused full years of the levy.

 

  • Labour Market Testing. Universal, mandatory labour market testing (LMT) was introduced in March 2018 as part of the TSS visa implementation, and the Bill to introduce a legislative framework for LMT passed Parliament on May 9. Commencement of the legislation is expected as early as June 2018.
    • Changes in job advertising requirements. The following two important changes were introduced in regard to the job advertising requirements:
      • Employers must advertise in the four months prior to the nomination application (previously, employers must have completed advertising in the 12 months prior to nomination); and
      • Employers must run advertisements for at least four weeks in at least two different national media publications or in a national recruitment website (previously, the advertisement must have run for at least 21 days).
    • Looking ahead.
      • Apart from the two changes discussed above, Fragomen expects that the regulations that will give effect to the LMT requirement will otherwise be the same as current Department of Home Affairs (DHA) policy. At this stage, there is no indication from the DHA on whether current policy concessions to LMT will remain once the new framework comes into effect.
      • Fragomen will continue to monitor the release of further information about the forthcoming SAF levy and labour market testing changes and will provide updates as they become available.

 

  • Exemptions for Peruvian Intra-Corporate Transferees. Although not yet in force, a Free Trade Agreement between Australia and Peru negotiated in February 12, 2018, would eventually allow Peruvian nationals to be exempt from LMT requirements when entering Australia as an intra-corporate transfer from a business operating in Peru to its Australian branch office or to an Australian associated entity. This extends other LMT exemptions that apply under other free trade agreements in place.

 

  • Other immigration-related Budget announcements
    • Visas for general practitioners. The Australian Government has made funds available in the Budget to source overseas trained general practitioners to address areas of doctor shortages.
    • Retirement Visa program. The subclass 405 Retirement visa program will be closed to new applicants. A permanent residency pathway will be introduced to transition all current subclass 405 Retirement and subclass 410 Investor Retirement visa holders to permanent residency.
    • Government lodgement fees. Government lodgement fees typically increase on July 1 each year and are announced in the weeks following the budget. An increase is expected in some lodgement fees at this time.

 

Access the Australia reforms microsite for up-to-date information on the new visa program.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

MARN 0849574

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.