On August 12th 2018, the new Labour Market Testing (LMT) requirements for Temporary Skill Shortage (TSS) subclass 482 visa have been officially implemented by the Department of Home Affairs.

If you are an employer seeking to sponsor foreign workers under the TSS program, you must be able to show how you have tested the Australian labour market and been unable to find suitable local Australian or Permanent Residents to fill the intended role.

LABOUR MARKET TESTING (LMT) REQUIREMENTS:

At least two advertisements were published in following platforms which could be on a national reach website or national print media. Alternatively, this could be done on your behalf through a recruitment agent.

A. Time Period:

• LMT advertisements must have been undertaken within 4 months immediately before lodging a nomination.
• LMT advertisements must to be conducted for a period of 4 weeks or more.
• Applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

B. Content of the job advertisement

• must be published in Australia.
• must be written in English.
• must contain the following information:
  1. the job title, or a description of the role.
  2. the skills or experience required for the position.
  3. the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
  4. the salary for the position – if the annual earnings for the position are lower than AUD96,400. Note: it is acceptable to publish a salary range—for example AUD80,000 to AUD90,000.

C. Evidence of Labour Market Testing:

• Copy of actual advertisements
• Invoices from recruitment agents

Employers/Business Sponsors need to demonstrate that they have tested the local labour market before lodging a nomination application unless International Trade Obligations (ITOs) apply.

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