Changes to Labour Market Testing Requirements

The Migration (LIN 18/036: Period, manner, and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 introduces significant changes to the labour market testing (LMT) requirements. These changes make the process easier for employers looking to nominate foreign workers. Let’s break down the key aspects of these changes and what they mean.

What is LMT?

Labour Market Testing (LMT) is a crucial step in the employer-sponsored process. It requires employers to actively test the local job market before sponsoring a foreign worker. The goal is to ensure that Australian workers get the first chance to apply for available positions.

Visa Subclasses Affected

These changes mainly impact the Subclass 482 Temporary Skill Shortage visa (TSS) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa.

Requirements Before the Changes

Prior to these amendments, employers had to advertise nominated positions on the Workforce Australia website, along with two other platforms.

New Requirements

  1. Reduced Advertising Platforms: Employers are no longer required to advertise positions on the Workforce Australia website. Instead, they must publish at least two advertisements through other channels, such as a recruitment website with national reach, print media with national reach, radio with national reach, or, if applicable, the approved sponsor’s website.
  2. Clear Guidelines on Duration: The amendments provide explicit guidelines on advertising duration. Employers can now accept applications or expressions of interest for a nominated position for a continuous duration of at least four weeks across two or more advertisements. Overlapping periods are allowed, either starting from the first day of the next advertisement or ending on the last day of the preceding one. However, any overlapping days are counted only once when determining the total duration.

Impact on You

These changes directly affect Australian employers, offering a more streamlined and flexible approach to LMT. The removal of the Workforce Australia website advertising requirement simplifies the process, reducing administrative burdens. Additionally, the clear guidelines on advertising duration provide greater flexibility for employers to manage recruitment campaigns effectively.

Key Changes Include:

  1. Removal of the need to advertise positions on the Workforce Australia website. Only two advertisements are now required.
  2. Clear guidelines on advertising duration, allowing flexibility with overlapping periods totaling a minimum of four weeks.

It’s important to note that these changes affect nomination applications that have not yet been decided.

Written by Ross Ahmadzai

10 Dec, 2023

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