Further Labour Market Testing Update

By 7 October 2020No Comments

Government confirms 3 adverts needed

On 1 October we provided an update on the changes to the Labour Market Testing requirements for sponsoring TSS visas.  We now have a further update!

We queried this with the Department of Home Affairs and they wrote to us earlier today to  confirm that unfortunately there has been a technical glitch and that there was a transcribing error.

This means that the correct Labour Market Testing Requirements for TSS visas for roles are to advertise the position for at least 28 days on:

a)           the Employment Department’s Jobactive website (http://www.jobactive.gov.au);
and
(b)          two 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 as well as two other sites as set out above (not one as per the previous advice). This is mandatory except where the nomination is exempt from LMT.

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

  • You will need to register for a Jobactive account for the business if you do not already have one.  They may on registration, ask you to call them to verify business details
  • 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
  • Changes to the advertisement after posting may result in resetting the date that it was posted so it is very important to check with your Ajuria advisor that the advertisement meets all LMT requirements before posting
  • 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

Please contact us if you have any questions or concerns.

DISCLAIMER This information is current as of 7 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.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Author Lillian Ajuria

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