Subclass 482 – Labour Market Testing required for all nominations and all occupations
As advised in our previous newsletter, it is now a requirement that Labour Market Testing is evidenced for all 482 nomination applications.
We can now provide further advice in relation to the Departmental “policy” surrounding Labour Market Testing (LMT)
The approved sponsor must have undertaken LMT:
- within 6 months before lodging the application as specified in a legislative instrument (or 12 months if application was lodged prior to 18 June 2018); or
- since any redundancies or retrenchments have occurred – if any Australian workers have been made redundant or retrenched from the same or similar occupations in the business of the sponsor (or an associated entity) in the four months prior to lodgement of the application
Evidence of LMT must include:
- evidence of any advertising (paid or unpaid) of the position and any similar positions: and
- details of the fees and any other expenses paid (or payable) for that advertising:
Under Policy, below advertising is considered sufficient to determine that an Australian worker is not available if:
- the nominated position has been advertised in Australia;
- the advertisement was in English and included the following information:
- the title, or a description, of the position;
- the name of the approved sponsor or the name of the recruitment agency being used by the sponsor; and
- the annual earnings for the position (unless the annual earnings will be greater than the Fair Work High Income Threshold, currently AUD 142,000);
- at least two advertisements were published:
- on a national recruitment website (e.g. jobactive.gov.au)
- A recruitment website ‘with national reach’ is a prominent or professional recruitment website that publishes advertisements for positions throughout Australia.
- A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method.
- in national print media
- Print media with ‘national reach’ includes national newspapers or magazines that are published at least monthly and marketed throughout Australia.
- on national radio, or
- Radio with ‘national reach’ includes radio programmes that are broadcast or syndicated nationally.
- if the sponsor is accredited – on the businesses’ website.
- If the advertisement is published on a website it is expected that the advertisement would have ‘remained live’ for at least 21 consecutive calendar days.
- If the advertisement is published in print media or on radio, it is expected that applications or expressions of interest for the advertised position were accepted for at least 21 consecutive calendar days.
- Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.