A Detailed Guide to Caveats

This is an update to a previous release, so do take your time to peruse this article!

We’ve also written extensively on the caveats that apply to hospitality positions. These, being quite substantial, warranted an entire article dedicated to it which you can find through the link below.

Read: Caveats for chefs, cooks and restaurant managers

Who’s affected?

• Any occupation that has a caveat
• Temporary Skilled (Work) visa (subclass 457) applications lodged on or after 1 July, as well as applications that were lodged before, but were not finalised by 1 July are also affected by the changes
• Employer Nomination Scheme (ENS) visa (subclass 186) applications lodged on or after 1 July. Applications lodged before 1 July will not be affected

• Work experience
• Regional location
• Occupation Specific

Please read check through the occupations affected for each type of caveat as more than one type of caveat may apply to your occupation.

Work experience

Occupations with work experience caveats:

• Advertising Specialist [225111]
• Contract Administrator [511111]
• Finance Manager [132211]
• Graphic Designer [232411]
• Hairdresser [391111]
• ICT Project Manager [135112]
• ICT Support Engineer [263212]
• ICT Systems Test Engineer [263213]
• Information and Organisation Professionals Nec [224999]
• Software Tester [261314]
• University Lecturer [242111]
• Web Developer [261212]

If you are applying under one of the occupations listed above, the position that your employer is nominating you to fill must be one that requires the applicant to have a minimum of 2 years of work experience in the same or similar occupation. Generally this would be satisfied if the job advertisements and descriptions list at least 2 years work experience as a requirement and/or the nominee possesses at least 2 years relevant work experience and there is no evidence that the position does not require at least 2 years of work experience.

Regional location

Applicants under the occupations listed below are required to have their place of work exist in regional Australia:

• Aeroplane Pilot [231111]
• Agricultural Technician [311111]
• Apiarist [121311]
• Aquaculture Farmer [121111]
• Beef Cattle Farmer [121312]
• Cotton Grower [121211]
• Crop Farmers Nec [121299]
• Dairy Cattle Farmer [121313]
• Fitness Centre Manager [149112]
• Flower Grower [121212]
• Flying Instructor [231113]
• Fruit or Nut Grower [121213]
• Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (Nz) [121214]
• Grape Grower [121215]
• Helicopter Pilot [231114]
• Horse Breeder [121316]
• Livestock Farmers Nec [121399]
• Mixed Crop and Livestock Farmer [121411]
• Mixed Crop Farmer [121216]
• Mixed Livestock Farmer [121317]
• Pig Farmer [121318]
• Post Office Manager [142115]
• Poultry Farmer [121321]
• Primary Products Inspectors Nec [311399]
• Production Manager (Forestry) [133511]
• Sheep Farmer [121322]
• Sport’s Centre Manager [149113]
• Sugar Cane Grower [121217]
• Vegetable Grower (Aus) / Market Gardener (Nz) [121221]
• Wine Maker [234213]

The regional areas are as follows, and can be found in this legislative instrument.

This list is apparently under review, stay in touch with immiNews! We’ll let you know if it changes.

Occupation specific

Occupation specific caveats are unique conditions that apply based on the nature of the occupation. The occupations that have occupation specific caveats are as follows:

• Accountant (General) [221111]
• Animal Attendants and Trainers (nec) [361199]
• Baker [351111]
• Chief Executive or Managing Director [111111]
• Conference and Event Organiser [149311]
• Corporate General Manager [111211]
• Corporate Services Manager [132111]
• Customer Service Manager [149212]
• Facilities Manager [149913]
• Hair or Beauty Salon Manager [142114]
• Hotel or Motel Manager [141311]
• Management Consultant [224711]
• Marketing Specialist [225113]
• Massage Therapist [411611]
• Mechanical Engineering Technician [312512]
• Pastrycook [351112]
• Recruitment Consultant [223112]
• Retail Buyer [639211]
• Sales and Marketing Manager [131112]
• Supply and Distribution Manager [133611]
• Taxation Accountant [221113]
• Technical Sales Representatives(nec) including, but not limited to, education sales representatives [225499]
• Transport Company Manager [149413]
• Hospitality group: *
  • Cafe or Restaurant Manager [141111]
  • Chef [3513111]
  • Cook [351411]
• Farmer group:
  • Apiarist [121311]
  • Aquaculture Farmer [121111]
  • Beef Cattle Farmer [121312]
  • Cotton Grower [121211]
  • Crop Farmers(nec) [121299]
  • Dairy Cattle Farmer [121313]
  • Fruit or Nut Grower [121213]
  • Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ) [121214]
  • Grape Grower [121215]
  • Horse Breeder [121316]
  • Livestock Farmers (nec) [121399]
  • Mixed Crop & Livestock Farmer [121411]
  • Mixed Crop Farmer [121216]
  • Mixed Livestock Farmer [121317]
  • Pig Farmer [121318]
  • Poultry Farmer [121321]
  • Sheep Farmer [121322]
  • Sugar Cane Grower [121217]
  • Vegetable Grower (Aus) / Market Gardener (NZ) [121221]

* Please refer to the related article linked above

Accountant [221111]

To be eligible, the position must:

• Cannot be a clerical, book keeper or accounting clerk position
• Must be in a business that has an annual turnover of more than AUD$1 million
• Must be in a business that has more than five employees

The role may include some clerical, administrative or ad hoc tasks, but these additional duties must only make up a minority of the nominee’s role.

Caveats exist to ensure that only skilled workers in occupations having been identified as being in shortage in Australia are employed so as not to undercut the Australian workforce.

Animal attendants and trainers [361199]

The bulk of the nominee’s responsibilities must be in teaching and training animals. Whilst the role may involve care for and feeding of animals, it is not to make up the majority of the role.

Baker [351111] / pastry cook [351112]

To be eligible, the position must:

• Is in specialist production and not in mass or standardised production, in franchises or in factories
• Must not involve full or partial production for distribution to another location
• Must not involve the use of prepared food products from another location

These additional requirements are to ensure that the nominee possesses the skill to prepare and bake products from scratch as opposed to only being involved in simplified processes such as cooking prepared products or operating and cleaning baking machinery.

Chief executive or managing director [111111] / corporate general manager [111211]

Chief executive or managing directors are required to have a nominated base salary of over AUD$180,001 unless the position is an internal transfer to which an international trade obligation applies.

Conference and event organiser [149311]

To the eligible, the following requirements must be met:

• Nominating business must have an annual turnover of over AUD$1 million
• The position must command a base salary of AUD$65,000 and above

The role must be on that involves regular organisation of events and/or conferences, not one off events, where a large majority of day to day tasks is administrative in nature

Corporate service managers [132111]

Corporate services managers are required to have a nominated base salary of over AUD$80,000 unless the position is an internal transfer to which an international trade obligation applies.

Customer service managers [149212] / marketing specialist [225113] 

To the eligible, the following requirements must be met:

• The position must not be in front line retail setting*
• The position cannot be predominantly involve direct client transactional interaction on a regular basis
• Must be in a business that has an annual turnover exceeding AUD$1 million
• Must have a nominated base salary of AUD$65,000 or more

* Front line retail setting: A location where the sponsoring business sells goods directly to the public – that is, to individual customers. This could include a shop, store, market stall or a counter.

** Direct client transactional interaction: Regular contact with individual clients either in person, online or over the phone to sell or promote products

Customer service managers [149212]

The role of must be one that involves developing and reviewing policies, management and development of programs and procedures concerning customer relations and product/services provided, planning and implementing initiatives to track customer satisfaction and ensuring quality of product/services. As such, it is expected that the nominating business has relatively large operations with complex client interactions. Whilst on occasion, the position may require that the nominee perform some front line customer service duties, it cannot be a day to day duty.

Marketing specialist [225113]

A marketing specialist is expected to have a large portion of their responsibilities dedicated to developing and coordinating marketing and advertising strategies and campaigns. Whilst they may get involved in general sales activities, preparation of reports and shop displays, these are not they day to day duties

An exception for a position that involves management of a store exists one a one off basis where a company is setting up stores in Australia for the first time, and requires a manager experienced in the brand to lead the store. In such cases, the nominated occupation should be under specialist manager [?]

Facilities manager [149913]

To the eligible, the following requirements must be met:

• The position is not located in a commercial building  or shopping centre environment
• Cannot predominantly involve the management of the provision of one particular service to a facility or managing one particular relationship, e.g. a position that manages the cleaning contract for a facility, but not other contracts relevant to the facility

Hair of beauty salon manager [142114]

To the eligible, the following requirements must be met:

• Position must not predominantly involved non-managerial hair dressing and beauty therapy related tasks
• Business must employ at least five employees

Hotel or motel manager [141311]

The role of hotel or motel managers cannot predominantly involve day to day administrative tasks such as rostering, maintenance of records, reception work and the like. The responsibilities must comprise of higher organisational and management skills in relation to the operations of the hotel or motel

Management consultant [224711]

To the eligible, the following requirements must be met:

• Business must have an annual turnover of at least AUD$1 million
• Business must have at least five employees

Massage therapist [411611]

To the eligible, the following requirements must be met:

• Position must be full time
• Based in a therapeutic setting and not involve providing non-medical relaxation massage
• Based in a retail setting

Mechanical engineering technician [315512]

The position cannot be one that involves mobile phone repairs. The role should require higher skills, and responsibilities should include research, design and manufacturing, operation and maintenance of machines, equipment, installations and facilities.

Recruitment consultant [223112]

To the eligible, the following requirements must be met:

• Business must have an annual turnover of at least AUD$1 million
• Business must have at least five employees
• Nominated base salary must be at least AUD$65,000

Retail buyer [639211]

To the eligible, the following requirements must be met:

• The position must not be in front line retail setting *
• The position cannot be predominantly involve direct client transactional interaction on a regular basis *

* Refer to customer service managers above.

Sales and marketing manager [131112] / supply and distribution manager [133611]

To the eligible, the following requirements must be met:

• The position must not be in front line retail setting*
• The position cannot be predominantly involve direct client transactional interaction on a regular basis *
• Must be in a business that has an annual turnover exceeding AUD$1 million unless the position is an internal transfer to which an international trade obligation applies
• Must have a nominated base salary of AUD$65,000 or more unless the position is an internal transfer to which an international trade obligation applies

Sales and marketing manager [131112]

The role must be one that is involved in the planning, directing and controlling of sales and marketing activities within an organisation, not day to day sales or marketing administrative tasks

Supply and distribution manager [133611]

The responsibilities must include the planning, organisation and coordination of supply, storage and distribution or goods, as opposed to monitoring stock and inventory, and related administrative tasks.

Taxation accountant [221113]

A taxation accountant position should involve little to no clerical, book keeping and administrative work. The role must entail the planning and provision of accounting systems and services, and advising on record keeping and compliance.

Technical sales representatives Nec [225499]

To the eligible, the following requirements must be met:

• The position must not be in front line retail setting*
• The position cannot be in a call centre or does not require significant technical knowledge of products
• The position cannot involve the selling of educational courses to individual student
• Nominated base salary must be at least AUD$65,000

Transport company manager [149413]

To the eligible, the following requirements must be met:

• The position cannot be predominantly administrative or driving in nature
• Business must have an annual turnover of at least AUD$1 million
• Business must have at least 5 employees

The role must be one that requires higher skills in the organisation and operation of a fleet of vehicles to transport goods/passengers, not one that is predominantly clerical or supportive.

Farmer group