Australian Immigration Daily News

The Department of Home Affairs has updated their Policy on labour market testing requiring business sponsors to undertake LMT within the 4-month period or since any redundancies or retrenchments have occurred. This includes redundancies occurring in associated entities of the business.  Exemptions to LMT are limited and the sponsor will generally be required to produce LMT on lodgement of 482 nomination unless international trade obligations apply. 

The previous regime allowed exemptions based on occupation as well as skill level of the nominee.

To satisfy the LMT requirement under the new current rules, a business sponsor at the time of lodging their 482 nomination must provide the following information:

-          Copy of the job advertisement

-          Paid invoice for the advertisement (if the advertisement has been paid for)

-          Number of applications received in connection to the position

-          Reasons why other applicants were not suitable for the role advertised

In practice the nomination form will require the sponsor to input the relevant LMT data such as the number of applicants that applied for the position and the number of applicants hired.  Nonetheless, accompanying evidence such as copy of the advertisement and invoice (where applicable) should be uploaded via Immi account on lodgement.

Nomination applications lodged from 12 August 2018 onwards require LMT to be conducted via the following method: 

-          At least two advertisements conducted in English

-          On a recruitment website that has a national outreach

-          LinkedIn’s online recruitment platform

-          A general classifieds website or an advertisement through social media notification such as Twitter and Instagram are not an acceptable method

-          If the sponsor is accredited, the advertisement can be published on sponsor’s website

Examples of suitable recruitment websites accepted by the Department of Home Affairs for LMT purposes include Seek, Indeed and CareerOne.  The Department will not accept advertisements placed on Gumtree.  If an external recruitment company was engaged to conduct LMT on behalf of the sponsor, a letter of support from the recruitment company outlining the recruitment activities as well as copy of the advertisement should satisfy the LMT requirement.

In addition to the above, the advertisement must specify the title or a description of the position.  The skills and experience will need to be listed as well as the salary for the position if the intended annual earnings are below $96,400.00. The Department will accept LMT evidence where a salary range is published.  For example, it is acceptable to publish salary as “$60,000.00 to $70,000.00 per annum”.

Current legislative instrument allows limited scope where the sponsor is exempted from LMT. 

This includes positions:

-          that require the occupant to have an internationally recognised record of exceptional and outstanding achievement in a profession or field, such as, sport, academia or research, or as a top-talent chef;

-          that will be filled by a person who is:

• employed by a company operating an established business overseas; and
• nominated by a standard business sponsor who is an associated entity of that company, operating in Australia. 

-          held by a TSS or Subclass 457 visa holder for which a new nomination has been lodged solely because:

• the annual earnings that will apply to the nominee have changed; or
• a change in business structure has resulted in the nominee’s employer lodging a new application to be approved as a standard business sponsor; or
• for which the annual earnings of the occupant will be equal to or greater than AUD 250,000.00; or
• within ANZSCO Minor Group 253 – Medical Practitioners (that is not ANZSCO 253111 - General Medical Practitioner or ANZSCO 253999 – Medical Practitioners nec) or ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics.

In practice the Department of Home Affairs appears to be taking a flexible approach with Labour Market Testing which is welcomed news for employers.  Nonetheless, where a business sponsor believes an exemption to the above LMT requirement applies, a submission should be lodged together with the 482 nomination outlining reasons for the exemption.

A copy of the current legislative instrument outlining LMT requirements can be downloaded here: https://www.legislation.gov.au/Details/F2018L01108