New! Tougher Labour Market Testing and Nomination requirements due to COVID
The Australian Government has recently taken steps to protect job opportunities for Australians in response to the COVID-19 pandemic and fill gaps in critical sectors.
New Rules
As a result, current labour market testing requirements(LMT) have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.
Specifically, a new legislative instrument has been introduced and requires any future nominated positions to be advertised on the Government’s Jobactive website.
This measure is in addition to the requirement for at least two advertisements in one or more mediums outlined in the existing policy.
Businesses that are considering employing overseas skilled workers on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will have to abide by these requirements.
Key Date and Exceptions
The enhanced LMT requirements apply to nominations lodged on or after 1 October 2020.
The amendment will not affect nominations lodged prior to 1 October 2020 or nominations for a select occupation or a select position to which alternative evidence arrangements apply.
More Attention
There will be more attention given to employer nominations in relation to Australian workers in similar occupations when considering whether there is a genuine need for an overseas worker including:
- retrenchments in the previous 12 months
- reduction of hours worked during the previous 12 months
- reduction in pay and conditions within 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
Next Steps
If you have initiated the process of sponsoring overseas employees:
- you must place advertisements for any sponsored positions on Jobactive now
- you must review the business’s employment practices in the past 12 months to ensure you have sufficiently demonstrated the capacity and need of your business to sponsor an overseas employee during this period
For assistance in meeting your obligations, please contact the Migration team at Matthews Folbigg Lawyers on 9635 7966 to go over any concerns you might have with any current or future sponsorship.
Minh Huynh
Solicitor & Migration Agent
MARN 1789271
DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law. Liability limited by a scheme approved under Professional Standards Legislation.
