New Labour Market Testing Requirements

2nd September 2020

The new Legislative Instrument (LIN 20/156) amends LIN 18/036 to include an additional requirement for the manner in which labour market testing is undertaken. LIN 20/156 will commence tomorrow, 3 September 2020 and the enhanced labour market testing requirements will apply to nominations lodged on or after 30 September 2020.

The new Legislative Instrument requires all nominated positions to be advertised on the Government’s JobActive website which is free to advertise jobs on.

Any businesses wanting to nominate overseas skilled workers on any of the below visas will now be required to advertise their vacancies on the JobActive website. The visas this applies to include:

  • Subclass 457 Temporary Work
  • Subclass 482 Temporary Skill Shortage
  • Subclass 494 Skilled Employer Sponsored Regional (Provisional)
  • Subclass 186 or 187 Employer Nomination Scheme

The new requirement for advertising a job vacancy on JobActive is in addition to the requirements in LIN 18/036.

The updated requirements for advertising are:

  • Must be advertised on the JobActive website
  • Must be advertised with at least two advertisements in one or more of the mediums, already specified in LIN 18/036,Item 8(3) in addition to the JobActive advertisement
  • Applies to all nominated occupations including those on the newly announced Priority Migration Skilled Occupation List (PMSOL)
  • Applies to nominations made on or after 30 September 2020

In summary, three advertisements are required for nominations lodged on or after 30 September 2020, including an advertisement on JobActive, for the purposes of meeting Labour Market Testing requirements.

In addition, to ensure that job opportunities for Australian workers are being prioritised, the Department will be further scrutinise ENS and RSMS nominations in relation to Australian workers employed by the business in similar occupations, including:

  • Retrenchments in the previous 12 months
  • Reduction of hours worked during the previous 12 months
  • Reduction in pay and conditions within the previous 12 months
  • Employment of a temporary visa holder on conditions less favourable than Australians
  • Recruitment of temporary visa holders beyond the ordinary scope of the business

If you have an application in process with us, we recommend that you publish an advertisement on JobActive today, 2 September 2020.

For applications which have already been lodged and pending a decision, the above changes will not impact the processing of these applications.

For any inquiries

Contact one of our registered migration agents today