Labour Market Testing Update – JobActive Advertisement Requirement

The Department of Home Affairs has today released a new legislative instrument (LIN 20/156) which includes an additional requirement for the manner in which labour market testing is undertaken.

What is the change?

All nominated positions must be advertised on the Government’s JobActive website in addition to the current labour market testing requirements.

JobActive is a Government website and does not incur any fees for businesses advertising positions on it.

Labour Market Testing is a requirement for all businesses nominating an overseas skilled worker on a Subclass 457 Temporary Work, Subclass 482 Temporary Skill Shortage, or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas.

The intent of this amendment is to ensure that appropriately skilled Australian citizens and permanent residents are given employment opportunities before international skilled workers when a business has a position available.

The new Labour Market Testing (LMT) requirements are as follows:

• must be advertised on the JobActive website, and
• must be advertised on at least two separate platforms (such as Seek, Indeed, Jora or LinkedIn), and
• Must be ‘live’ for at least 28 days, and
• Must be in English, show the salary or salary range and the business name (or recruitment agency), and
• Must have been undertaken in the four months immediately before lodging the relevant nomination application.

When does this new requirement come into effect?

The legislative instrument will apply to nominations made after 28 days from the commencement of the instrument. The commencement of the instrument is the 3 September 2020.

Therefore the new requirement will apply to all nominations made on or after the 30 September 2020.

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