On the 12th August 2018, the requirements for labour market testing have once again been changed. Previously, in March 2018, the 457 visa was replaced by the Subclass 482 Temporary Skill Shortage (TSS) Visa. This brought with it, new requirements regarding testing of the local market.
Labour market testing aims to demonstrate to the Department of Home Affairs, that a suitable Australian worker with the required skills and experience could not be found to fill the role.
So, what does this mean for employers? Unless exempt, employers must:
- Advertise the position in Australia on a national job site. Acceptable job sites include national recruitment websites such as Jobactive but also sites such as LinkedIn (excluding Personal Updates), Jora, SEEK, national print media and national radio. If the sponsor is accredited, adverts can also be posted on the business’ website. A general classified website or an advertisement solely through social media notification, such as Twitter or Instagram is NOT an acceptable method. Gumtree is not an acceptable website for LMT.
- Place at least two job ads for a minimum period of 4 weeks in the 4 months prior to lodging the nomination application (Note: If the job ads are posted within four months of the nomination lodgment and the sponsor or associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions in the nominated occupation. Information about these redundancies or retrenchments must also be provided).
- Ensure the advertisement is in English and include annual earnings for the position (unless higher than $96,400 and alternative arrangements are available for positions with annual earnings over $250,000), the job title and description of duties. It must also include the name of the sponsoring company or the name of the recruitment company being used to advertise the position for the sponsor.
This new instrument applies to nominations made on or after 12th August 2018. Despite the repeal of this instrument for applications for nominations made before 12th August 2018, Legislative Instrument IMMI 18/059 continues to apply. Check out this comparison chart of the old and new requirements.