Labour Market Testing (TSS Visa)

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For employers seeking to sponsor workers under the TSS program you must be able to show how you have tested the Australian labour market to determine no suitable workers are available, aka Labour Market Testing (LMT).

For 482 nomination, effective 12th August 2018 the new requirements for labour marketing testing/recruitment efforts are:

  • the nominated position has been advertised in Australia;
  • the advertisement was in English.
  • the ads displayed the annual earnings for the position (or range)
  • at least two advertisements were published on a national recruitment website (can be free website e.g. jobactive.gov.au) in the last 4 months immediately before lodging the nomination application. 
  • advertisements set out any skills or experience requirements that are appropriate to the position.

 

Evidence to be provided includes: 

  • A copy of the advertisement(s) 
  • Details of the fees and any other expenses paid (or payable) for that advertising

 

Note: 

  • the advertisements must be published for at least 28 days consecutively in the past 4 months. They can be published in the same media, as long as 2 distintively different ads. 
  • the contract of employment cannot pre-date the LMT evidence (i.e. the nominee was offered the job before it was advertised).
  • if the employer engaged a recruitment agency, then ads placed by the recruitment agency meeting the above requirements can count.

 

Please note non-recruitment websites or social media are not acceptable, such as Gumtree, Facebook. Linkedin job ads are acceptable (not LinkedIn posts).

The Department have provided a comparison chart for pre-post Aug 12 applications: https://www.mia.org.au/documents/item/1406 
Source: MIA

 

Exemptions:

There are no specific occupation or location exemptions for LMT except where international trade obligations apply (contact us for specific information). 

*It is expected that a subsequent legislative instrument will be passed to implement further changes to the LMT requirements.

 

 

Filed under:
Published on: 07/08/2018
Author: Fred Molloy

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