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From the team at Carman & Associates

New Labour Market Testing Legislation Changes For TSS Visas

From 12 August 2018, the department has made changes to Labour Market Testing (LMT) requirements which applies to any 457 or TSS nomination transfer or application.

Advertising of all proposed nominated positions became mandatory by the Department earlier in the year to ensure that Australian’s are not overlooked, and businesses have made attempts to source local talent for their current positions. The Department has now amended the legislation regarding the advertising requirements that must be submitted at the time of lodgement.

A summary of the changes is below:

  • Two advertisements must have been published for a minimum of 4 weeks on a recruitment website or in print with national reach
  • Advertising must have been undertaken in the 4 months immediately prior to lodgement
  • The salary must be included in the advertising unless the salary is above $96,400.00 AUD
  • The name of the approved sponsor, job title, skills and experience must all be included within the advertisement.

Types of advertising considered acceptable by Home Affairs

  • Only prominent or professional recruitment websites such as jobactive.gov.au, SEEK and LinkedIn
  • Industry specific recruitment sites that are in significant use by the industry for nominated occupations
  • The sponsor may authorise a recruitment company or associated entity to place the advertisements.

Types of advertising with is NOT acceptable for LMT purposes

  • LinkedIn’s online recruitment platform is acceptable for LMT purposes, however, vacancies restricted to LinkedIn profile members only are not
  • Social media such as Facebook Twitter or Instagram
  • GUMTREE and other classified ads.

Note, only accredited sponsors can use advertising from their own company websites.

The above applies to all new nominations submitted on or after 12.08.2018

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