Earlier in September former Labor trade minister Craig Emerson offered a new proposal to break the political deadlock over the China-Australia Free Trade Agreement. He suggested that future Australian governments be legislatively bound to apply labour market testing in respect of the deal with China, as well as with any other country that we strike an agreement with, such as India.

It is important to recognise that if what is being proposed is the blanket application of labour market testing, this would be a radical departure from longstanding migration legislation requirements. In July the Migration Council Australia said in a submission to the Treaties Committee examining the China free-trade agreement that labour market testing was abolished in 2001 because it was determined to be ineffective at meeting its goal. It was reintroduced into the Migration Act in 2013 and even then only for certain occupations. Most remain exempt.