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Caveats
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A caveat is a position-based exclusion that looks at the real job and business context—such as the workplace setting, business size, duties, nominated earnings, and whether an international trade obligation (ITO) applies.
Caveats are a common reason for nomination issues because employers may choose an occupation correctly, but the job setting triggers an exclusion (e.g., “Chef” in a limited service restaurant).
Below is a summary of the Applicable Circumstances List (often referred to as “caveats”). Each number can be used to exclude certain occupations in certain scenarios.
Applies where nominated annual earnings are below AUD 180,001, and the role is not an eligible intra-corporate transfer covered by an international trade obligation.
Applies where the position is essentially clerical, bookkeeper, or accounting clerk work.
Applies where the role involves mass production in a factory setting.
Applies where the job is in a limited service restaurant (fast food/takeaway, limited service café, etc.).
Applies where the role mainly involves low-skilled tasks (examples given include fruit picking/packing; truck driving).
Applies where the role is mainly:
Applies where the position is:
Applies where the role is not in a commercial/shopping-centre environment, or mainly manages one service/one relationship (e.g., only managing a cleaning contract).
Applies to retail repair roles for phones/tablets/smart devices.
Applies to roles linked to mass/standardised production, including franchise/factory settings and food production using pre-prepared inputs or for distribution elsewhere.
Applies where the business turnover is under AUD 1,000,000.
Applies in small-business scenarios involving turnover under AUD 1,000,000, fewer than 5 employees, and no eligible ITO intra-corporate transfer.
Applies where the business has fewer than 5 employees.
Applies where the position is not covered by an international trade obligation. This caveat is commonly discussed in hospitality contexts (e.g., “Caveat 14 for chef”) because whether an ITO applies can affect whether the occupation applies in certain scenarios.
Applies where nominated annual earnings are below AUD 120,000.
Applies where the position is a brothel keeper.
Caveats are role-context driven, but they commonly arise in these categories:
Caveat 14 focuses on whether the position is provided for under an International Trade Obligation (ITO).
If your scenario relies on an ITO-related pathway (for example, certain intra-corporate transfer contexts), Caveat 14 can be a deciding factor. If not, this caveat may exclude the occupation in situations where the instrument links the occupation’s applicability to ITO coverage.
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Clear, practical answers to help you understand your options and next steps.
Caveats are rules that can exclude an occupation in certain situations, even if the occupation appears on the 482 occupation list (CSOL).
No. Caveats apply only where the occupation has an “applicable circumstance” number linked to it in the occupation list.
Yes. If a caveat applies to the position (workplace, business size, duties, earnings, etc.), the occupation may not apply to your role.
Caveat 14 relates to whether the position is provided for under an International Trade Obligation (ITO). If the role is not covered by an ITO, the caveat may exclude the occupation in relevant scenarios.