Changes to Labour Market Testing

Updated: Dec 4, 2019

The Migration Amendment (Skilling Australians Fund) Bill 2018, passed by the Parliament of Australia on 9 May 2018, is expected to be implemented during the first quarter of 2018-19. There will be changes to the Labour Market Testing (LMT) requirement at that time, including requiring LMT to be conducted:

  • for a period of four weeks

  • no more than four months before the nomination is lodged

  • such that advertisements set out any skills or experience requirements that are appropriate to the position.

Until such time that the above changes are implemented, LMT should continue to be undertaken in accordance with the arrangements set out below.


Period in which LMT must have been undertaken

LMT must have been undertaken:

  • if the nomination application was lodged before 18 June 2018 - within the previous 12 months before lodging a nomination application

  • if the nomination application was lodged on or after 18 June 2018 - within the previous six months before lodging a nomination application

  • if within four months of lodging the nomination application, and if the sponsor or an associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions in the nominated occupation - since the date that these events occurred. Note: when this occurs, information about these redundancies or retrenchments must also be provided.

Method and Content of LMT advertising

Under policy, the Department would generally be satisfied that the LMT requirement is met provided the advertising meets all of the below:

  • the nominated position has been advertised in Australia

  • the advertisement was in English and included the following information:

  • the title, or a description, of the position Note: multiple positions in one advertisement are acceptable

  • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor and

  • the annual earnings for the position—unless the annual earnings will be greater than the Fair Work High Income Threshold. Note: it is acceptable to publish a salary range—for example AUD80,000 to AUD90,000

  • at least two advertisements were published in any of the below:

  • on a prominent or professional recruitment website with national reach (for example jobactive.gov.au) that publishes advertisements for positions throughout Australia.

  • Note: industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising.

  • Note: a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn's online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes.

  • in national print media—that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia

  • on national radio—that is, radio programs that are broadcast or syndicated nationally or

  • on the businesses' website if the sponsor is an accredited sponsor.

Note:

  • the nominated position may be advertised in the same medium (on two separate occasions) or in any two different mediums simultaneously or on two separate occasions

  • if the advertisement is published on a website, it is expected that the advertisement would have 'remained live' for at least 21 consecutive calendar days

  • if the advertisement is published in print media or on radio, it is expected that applications or expressions of interest for the advertised position were accepted for at least 21 consecutive calendar days

  • advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency)—there is no requirement that the sponsor placed the advertisement themselves.

If we can be of any assistance with respect to your Migration requirements, please do not hestitate to contact us at Australian National Visa Service (ANVS) through our website www.anvs.com.au or directly by phone +61 401 866 248.

New Labour Market Testing Requirements for Employer Sponsored VIsas

Australian National Visa Service

ABN: 21 032 761 357

Brisbane & Gold Coast, Queensland

Australia.

Mob: +61 401 866 248

WeChat: ANVS_Migration

WhatsApp: +61 401 866 248

© 2018 ANVS All Rights Reserved

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