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Enhanced Labour Market Testing

8 Sep 2020 / Ken Hunt

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Enhanced Labour Market Testing

Current labour market testing (LMT) requirements have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.

The existing instrument LIN 18/036: Period, manner and evidence of labour market testing has been amended to reflect these enhancements. The amending instrument can be found on the Federal Register of Legislation.

As a result of the amendment, businesses that are considering employing overseas skilled workers on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, will be required to advertise their vacancies on the Jobactive website (http://www.jobactive.gov.au) in addition to the two other advertisements that must be published in line with existing requirements.

The enhanced labour market testing requirements apply to nominations lodged on or after 1 October 2020 to ensure that appropriately skilled Australian citizens and permanent residents are given work opportunities before overseas workers when a business nominates a vacancy.

The amendment will not affect nominations lodged prior to 1 October 2020, or nominations for a select occupation or a select position to which alternative evidence arrangements apply.

Registered migration agents are asked to advise their clients of the new requirements as a matter of urgency to allow advertisements for upcoming positions to be placed on Jobactive, with applications for the positions able to be accepted for at least four weeks as per existing LMT requirements.

Nominations lodged on or after 1 October 2020 without evidence of a Jobactive advertisement that satisfies all existing LMT requirements, such as those in relation to position details and duration, cannot be approved. There are no provisions in regulation 2.73AA or 2.73C that allow for refunds of the nomination fee or Skilling Australians Fund (SAF) levy where a nomination is refused or withdrawn due to failure to satisfy the LMT requirement.