Update #2: New rules for Labour Market Testing – JobActive

Further to our update earlier today, the Department of Home Affairs has released new legislation that confirms labour marketing testing on JobActive.com must be posted for all TSS nominations regardless of occupation unless exempt.  This will take effect from 1 October 2020.

Any nominations lodged before that date (and not yet approved) are not affected.

Any TSS nomination lodged on or after 1 Oct 2020 will need to have evidence of:

• One advertisement posted on JobActive.com
• Two advertisements posted:
  • A recruitment website (e.g. Linkedin, Seek, Jora.com, Indeed.com, Glassdoor)
  • In print media with national reach
  • On radio with national reach

The advertisements must have been posted for 28 days before lodgement of the TSS nomination.

The rules on labour market testing exemptions remain unchanged. This means that if the candidate is exempt under international trade obligations or are allowed to provide “alternative evidence”, advertisements will not be required.

Alternative evidence includes where a written submission provided by the employer to explain why an Australian is not available to fill the role if certain circumstances apply. This may include:

• Where the candidate is already employed by and transferring from an overseas associated entity;
• Where they are earning salary of over AUD 250,000 or more;
• The nomination is for certain medical occupations such as Medical Practitioners.

If you have any queries, please contact your Ajuria team.

DISCLAIMER This information is current as of 14 July 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.