Strengthened Labour Market Testing Requirements

Current labour market testing (LMT) requirements have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.

As a result of the amendment, businesses that are considering employing overseas skilled workers on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, will be required to advertise their vacancies on the Jobactive website in addition to the two other advertisements that must be published in line with existing requirements.

The enhanced labour market testing requirements apply to nominations lodged on or after 1 October 2020.

The Australian Government has an expectation that positions will be advertised on Jobactive before seeking to nominate an overseas worker for a permanent employer sponsored visa (subclass 186 or 187), in order to demonstrate that there is a genuine need for an overseas worker to fill that position.

What does this mean for me or my business?

The departments increased requirements will need to be adhered to depending on the date you would be submitting the nomination as well as considering the date your labour market testing period began.

In addition to the amendment, the department will be working to ensure that job opportunities for Australian workers are being prioritised and so their will be more scrutiny of the following for a permanent employer sponsored visa (subclass 186 or 187):

• retrenchments in the previous 12 months
• reduction of hours worked during the previous 12 months
• reduction in pay and conditions within the previous 12 months
• employment of a temporary visa holder on conditions less favourable than Australians
• recruitment of temporary visa holders beyond the ordinary scope of the business.

 What should I do next?

Contact our team to enjoy a complimentary consultation. Infinite Migration Australia can help you navigate the new changes.