Changes to Labour Market Testing Rules Start Today

By 1 October 2020October 7th, 2020No Comments

The change

From today, employers required to test the labour market for a potential TSS application will need to advertise the position for at least 28 days:

(a) on the Employment Department’s Jobactive website (http://www.jobactive.gov.au);

and

(b)  on or in one or more of the following:

(i)  a recruitment website with national reach in Australia (other than Jobactive);

(ii)  print media with national reach in Australia;

(iii)  radio with national reach in Australia;

(iv)  if the approved sponsor is an accredited sponsor—the approved sponsor’s website.

LMT exemptions will continue to apply as before the change.

The impact
Employers are now required to advertise the role on the Jobactive website. This is mandatory except where the nomination is exempt from LMT.

Jobactive
The Jobactive website is not intuitive to use. Clients should discuss this with us but the following tips may assist you:

  • The default setting is to remove the advertisement after 14 days so you should select 28 days and monitor carefully.
  • Postings can take 48 hours to be processed so you should post early.
  • You will be required to select a salary band or the posting will not be accepted.
  • Jobactive audits posts and may remove them if not satisfied they comply with their guidelines so you should monitor the advert regularly to ensure it is not removed.

Employer Nomination Scheme (Permanent Residence)
There is no legal requirement to advertise positions before nominating an employee for ENS. This is a change from the previously advised position of the Department that LMT would extend to ENS from today.

However, employers may want to consider doing LMT for:

  • Direct Entry stream applications.
  • Positions in COVID impacted industries that are under increased scrutiny such as hospitality, retail and tourism.

We will discuss this with our clients on a case by case basis.

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DISCLAIMER This information is current as of 1 October 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.

Author Ron Kessels

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