Enhanced labour market testing to commence 1 October 2020

The Department of Home Affairs has announced changes to the labour market testing requirements of the Employment Nomination Scheme.

With the devastating effect of Covid-19 on the Australian workforce, the Australian Government has introduced these measures to ensure that Australian workers are prioritised for work opportunities before overseas workers are offered employment.

The Additional Requirement

From 1 October 2020 employers will be required to advertise their position on the Australian Government’s Jobactive website for 28 days.

The New Labour Market Testing Requirements

The new Labour Market Testing requirements which an employer must meet are:

  • Advertising the position on the Jobactive website for 28 days
  • Advertising the position on one other platforms with national reach in Australia for 28 days (this can include websites, print or radio)
  • Advertising in English and including the business name (or recruitment agency) and the salary or salary range for the position.
  • Advertising the position no more than four months prior to lodging the nomination application

Nomination applications that do meet these requirement or are lodged without evidence of Labour Market Testing cannot be approved.

The impact of COVID 19 and closer scrutiny of the Employer Sponsored Migration Scheme

The COVID-19 pandemic has had  considerate impact on Australian immigration rules and requirements.  The Australian Government are placing further responsibility on employers to prioritise job opportunities for Australian workers.  Employers should expect close scrutiny of applications lodged under the Employer Nomination Scheme or Regional Employer Nomination scheme.  Applications which would attract closer scrutiny include those with:

  • retrenchment in the previous 12 months
  • reduction of work hours
  • reduction in pay and conditions during the previous 12 months
  • employment of a temporary visa holder on conditions less favourable than Australians
  • recruitment of temporary visa holders beyond the ordinary scope of the business.

Employers seeking to nominate an overseas skilled worker should ensure that the application meets the stringent requirements put in place by the Department of Home Affairs.

Do you need visa assistance?  Live Work Australia is a team of dedicated Australian immigration lawyers who deal exclusively with migration to Australia and provide Australian visa solutions to individuals and businesses. Contact our office at info@liveworkaustralia.com.au or call and speak to our specialist legal team on 1300 230 313.

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