Australia’s interim trade agreement with India, the Australia-India Economic Cooperation and Trade Agreement (ECTA), came into force on 29 December 2022.

Further negotiations for a more comprehensive agreement continue to take place.

However, ECTA will NOT include Labour Market Testing (LMT) exemptions. This means that during the visa application process, employers and Indian nationals will still need to show that a suitable Australian worker for a nominated position can’t be found. From the DFAT website:

... Australia has agreed to provide India with mobility outcomes consistent with existing visa and commitments made in our previous free trade agreements. This includes equivalent commitments on categories of entrant, length of stay, spouses and dependents, but does not include a waiver of labour market testing.

Key takeaway

Employers should check the specific clauses in any international trade agreement dealing with LMT, as it is not guaranteed that potential employees will be exempt from the requirement.

Further information on ECTA can be found here.

For information on current LMT requirements, check the Department of Home Affairs website.