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Australia: Latest immigration law update – Changes to Labour Market Testing

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In brief

This alert outlines the latest changes made to the labour market testing rules under the Subclass 482 Temporary Skill Shortage and Subclass 494 Skilled Employer Sponsored Regional visa schemes.

The new changes now require a minimum of two advertisements for the nominated position. One of the job advertisements must be posted on the Department of Employment’s recruitment website, Job Active (http://www.jobactive.gov.au).

Changes to Labour Market Testing

From 1 October 2020, all businesses seeking to employ skilled overseas workers on a Subclass 482 Temporary Skill Shortage or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas must meet the new Labour Market Testing requirement of posting two or more job advertisements:

  1. One job advertisement to be advertised on the Department of Employment’s Jobactive website (http://www.jobactive.gov.au).
  2. At least one other job advertisement to be advertised on or in one or more professional recruitment websites, in the print media, on radio or on accredited sponsor website.

The new Labour Market Testing requirement applies to all new subclass 482 and 494 Nomination applications made on or after 1 October 2020.

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Author

Michael has more than 15 years' experience as an employment law and industrial relations lawyer, acting for clients in a range of industries, including banking and finance, insurance, health and pharmaceuticals, telecommunications, real estate, media and entertainment, information technology and professional services. He has developed and published compliance programs and best practice policies locally and within Asia Pacific. He is the author and a developer of CCH’s Employment Contracts Manager, a software package that builds and tailors smart employment contracts. He has also authored a large number of chapters in every edition of CCH’s Australian Master Human Resources Guide. Articles written by Michael on employment law topics have appeared in the Melbourne University Law Review, CFO Magazine, Human Capital, Lawyers Weekly, Human Resources, and CCH’s Employment Law Bulletin. He has also spoken at events arranged by the College of Law, Macquarie Graduate School of Management, and various professional associations. He wrote and produced “Dismissal Impossible,” a training video on unfair dismissal and sexual harassment, for the Australian Stock Exchange. Michael regularly conducts employment-related litigation before State and Federal courts and industrial tribunals at an original and appellate level.

Author

Hanna Jung is a senior associate in Baker McKenzie's Australian Immigration team and a registered migration agent (MARN: 1278157).

Author

Catherine Fitzpatrick is an associate in Baker McKenzie's Australian Immigration team and a registered migration agent (MARN: 1791580).

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