SAF Levy And Labour Market Testing: New Requirements As At 12 August 2018

Labour Market Testing: Requirements, Exemptions and Recommendations
Yesterday, on Sunday 12 August 2018, the long-anticipated Skilling Australians Fund levy was introduced, bringing along with it new Labour Market Testing requirements for Temporary Skills Shortage (subclass 482) nomination applications. We have now received confirmation from the Department of Home Affairs full details of the new requirements and we are pleased to provide some further information and tips about how to complete Labour Market Testing correctly according to the new legislation.
REQUIREMENTS:

 

Settings New requirements as at 12 August 2018
Duration of Labour Market Testing
  • Minimum of four weeks
Period of Labour Market Testing
  • Must be conducted within the four months immediately prior to the lodgement of the nomination
  • Must be conducted at least four months since redundancies
Method of advertising
  • All advertisements must be placed in Australia on any of the following advertising platforms:
    National recruitment websites;
    Industry-focused recruitment websites;
    National print media or radio; OR
    If your business holds accredited sponsorship, on your company
    website.
*Please see below for a list of appropriate advertising platforms*
Information required on the advertisement
  • Date of advertisement
  • Business/company name (if using a recruitment agency, the company name does not need to be disclosed)
  • Position title
  • Position description listing responsibilities/main tasks
  • Required skills and experience for the position
  • Position must be advertised as full-time
  • Salary range being offered (unless the base salary is higher than $96,000.00)
*Note: All advertisements must be in English*
What evidence you will need to provide
  • A copy of the advertisements;
  • Receipts or tax invoices for any fees paid (if applicable); and
  • The number of candidates who applied for the position and the number of those who were offered the position (excluding the nominee); OR
  • For positions subject to alternative requirements – a submission explaining why you were unable to find an available Australian worker for the position (see eligibility details below)

***IMPORTANT NOTE: All Labour Market Testing must be completed BEFORE the nominee signs a letter of offer or employment contract. The contract must NOT pre-date the Labour Market Testing evidence, as this demonstrates the nominee was offered the position before it was actually advertised***

APPROPRIATE/RECOMMENDED ADVERTISING PLATFORMS: 

You may choose to advertise for the nominated position on any of the following platforms:

  • Jora;
  • Jobactive;
  • Seek;
  • Indeed;
  • LinkedIn’s online recruitment platform; or
  • Company website (accredited sponsors only).

ALTERNATIVE REQUIREMENTS:

In some cases, positions are subject to alternative requirements. For these positions, all that is required is a submission explaining why you were unable to find an available Australian worker for the position. You are considered eligible for alternative requirements if you meet any of the following criteria:

  • A new nomination is being lodged for an existing visa holder because of a change in business structure or pay;
  • The nominee is an internationally recognized record of exceptional achievement in a profession or field e.g. sport, academia and research, top-talent chef;
  • Intra-corporate transfers; or
  • The annual earnings of the nominee are $250,000.00 or over.

EXEMPTIONS FROM LABOUR MARKET TESTING: 

Exemptions from Labour Market Testing apply only to nominations where international trade obligations (ITOs) apply. Thus, Labour Market Testing is not required under the following circumstances:

  • the worker you nominate is a citizen/national of China, Japan or Thailand, or is a citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore;
  • the worker you nominate is a current employee of a business that is an associated entity of your business and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile, China, Japan, South Korea or New Zealand;
  • the worker you nominate is a current employee of an associated entity of your business and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of international trade obligations and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia;
  • your business currently operates in a WTO member country or territory and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of international trade obligations; or
  • the worker you nominate is a citizen of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years.

If you have any questions about how to complete Labour Market Testing or whether alternative requirements or exemptions may apply to you, please contact your representing Registered Migration Agent or email us at our mailing address.