Item

Circumstance

Caveat 1

(a) the position has nominated annual earnings of less than AUD 180,001; and

(b) if the nominee is to be transferred to fill the position—the transfer is not an intra-corporate transfer to which an international trade obligation applies.

Caveat 2

 The position is a clerical, bookkeeper or accounting clerk position.

Caveat 3

 The position is involved in mass production in a factory setting.

Caveat 4

The position is in a limited-service restaurant.

Caveat 5

The position predominantly involves responsibility for low-skilled tasks.

Example 1: Fruit picking or packing or feeding of livestock or animals.

Example 2:  Truck driving.

Caveat 6

The position:

(a) is based in a front-line retail setting; or

(b) predominantly involves direct client transactional interaction on a regular basis; or

(c) predominantly involves selling educational courses to individual students; or

(d) is based in a call centre and does not require a significant technical knowledge of products.

Caveat 7

The position:

(a) is not a full-time position; or

(b) is not based in a therapeutic setting; or

(c) involves the provision of non-medical relaxation massage; or

(d) is in a retail setting.

Caveat 8

The position:

(a) is not located in a commercial building or shopping centre environment; or

(b) predominantly involves managing the provision of only one particular service to a facility or managing one particular relationship.

Example: Managing the cleaning contract for a facility but not other contracts relevant to the facility.

Caveat 9

 The position relates to retail mobile phone repairs or other small consumer mobile devices including tablets, smart watches, handheld gaming devices, portable media players etc.

Caveat 10

The position relates to mass or standardised production (as opposed to specialist production), including the following:

(a) a position based in a franchise or factory;

(b) a position that:

(i) involves full or partial production of food product for distribution to another location; or

(ii) predominantly involves the use of pre-prepared food product from another location.

Caveat 11

 The position is in a business that has an annual turnover of less than AUD 1,000,000.

Caveat 12

(a) the position is in a business that has an annual turnover of less than AUD 1,000,000; and

(b) if the nominee is to be transferred to fill the position—the transfer is not an intra-corporate transfer to which an international trade obligation applies.

(c) the position is in a business that has fewer than 5 employees; and

(i) if the nominee is to be transferred to fill the position—the transfer is not an intra-corporate transfer to which an international trade obligation applies.

Caveat 13

The position is in a business that has fewer than 5 employees.

Caveat 14

The position is not provided for under an International Trade Obligation

Caveat 15

The position has nominated annual earnings of less than AUD 120,000.

Caveat 16

 The position is a brothel keeper.”