Are you looking to employ a skilled worker from overseas?
Assuming that the position that you are trying to fill has been identified and listed on either the STSOL or the MLTSSL, and you are able to sponsor the individual, you will need to meet the new Labour Market Testing requirements.
For a nomination to be approved, the Department must be satisfied that a suitable qualified and experienced Australian worker is not available to fill the nominated position. The Labour Market Testing requirement has existed for a while, however the government has recently introduced stricter requirements.
Labour Market Testing demonstrates that a company tested the local market before lodging a nomination application for a skilled overseas worker. It requires that a company prove that they advertised and looked for a suitably skilled Australian worker before employing someone under the Temporary Skill Shortage subclass 482 visa.
The LMT Requirement calls for two types of evidence, or advertisements, be provided when you lodge a 482 visa nomination along with specification that the salary for the position also be outlined in the advertisements. Further, ads also need to have been live for at least 21 days prior to lodgement.
It is crucial to note that adverts on Gum Tree and classified ads, such as Facebook, will not be accepted.
It is important to note that advertising a position through LinkedIn is also not considered sufficient, and will not be accepted as proof of Labour Market Testing. Update: The Department of Home Affairs has changed its position on LinkedIn Job Postings and they are now acceptable as proof of LMT.
Under policy, the Department would generally be satisfied that this 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
- 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)
at least two advertisements were published:
- on a national recruitment website (for example jobactive.gov.au). Note: a general classifieds website is not an acceptable method
- in national print media
- on national radio or
- if the sponsor is accredited – on the businesses’ website.
Note:
- 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.
Under policy, alternative evidence can be considered sufficient to demonstrate that ‘a suitably qualified and experienced Australian worker is not available to fill the nominated position’, where the nominated position is a position:
- in relation to which the nominee has an internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts or academia and research
- held by an existing TSS or subclass 457 visa holder for which a new nomination has been lodged solely because:
- the annual earnings that will apply to the nominee have changed or
- a change in business structure has resulted in the nominee’s employer lodging a new application to be approved as a standard business sponsor.
Evidence of LMT for Labour agreements
Labour agreement sponsors are expected to meet the above requirements at nomination stage unless otherwise outlined in the labour agreement.
If you are unsure about whether you have met the requirements to prove sufficient labour market testing talk to us… [email protected]
