Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.76A

Labour market testing and other work agreement requirements

             (1)  The Commonwealth must not enter into a work agreement in relation to the recruitment, employment or engagement of persons in occupations and locations required by the other party to the agreement unless the Minister is satisfied that the other party has made recent and genuine efforts to recruit, employ or engage Australian citizens or Australian permanent residents to meet those requirements.

             (2)  Subregulation (1) does not apply in relation to the recruitment, employment or engagement of a person in the following occupations:

                     (a)  Minister of Religion;

                     (b)  Religious Assistant.

             (3)  The Minister must publish, on the Department's website, policy guidelines to be considered by the Commonwealth in relation to the Commonwealth's negotiation of the following agreements:

                     (a)  work agreements;

                     (b)  agreements, known as Project Agreements, that relate to work agreements.

             (4)  Without limiting subregulation (3), the policy guidelines must include guidelines relating to the following:

                     (a)  objectives and principles relating to the negotiation of the agreements mentioned in that subregulation;

                     (b)  eligibility requirements to be considered for such agreements;

                     (c)  obligations to be required of parties entering into such agreements.



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