Updated Policy Regarding 28 Day Requirement for Labour Market Testing

What is Labour Market Testing

For some visa types, such as the Temporary Skill Shortage (TSS) (Subclass 482) visa and the Skilled Employer Sponsored Regional (Subclass 494) visa, the Nominator must demonstrate that they cannot find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market through Labour Market Testing (‘LMT’).

LMT requires that the Nominating employer advertise the nominated position on three (3) job advertisement sites for a period of 28 days before the nomination application can be lodged. One of the advertisements must be conducted on the Australian government’s Workforce Australia website, whilst the other two can be on non-government sites such as SEEK or Indeed.

Change to Labour Market Testing – New Requirement for a ‘Continuous Period’ of Advertising

The Department of Home Affairs has recently announced a change to the policy for LMT.

Previously, employers were allowed to conduct LMT over non-consecutive periods to reach the 28-day requirement. For instance, employers could post job advertisements for 14 days and then, after a few days, lodge another round of job advertisements for 14 days to bring them to 28 days in total.

However, the Department has confirmed that under current policy, the period of LMT must be conducted over a continuous period of 28 days. For instance, if two advertisements are run from 01 October 2023 to 20 October 2023 (20 days) and then from 23 October to 03 November (11 days), this would not meet the requirement for 28 days of LMT.

Back-to-back advertisements will also not be considered as a continuous period. For instance, if two separate advertisements are run from 01 October 2023 to 20 October 2023 (20 days) and from 21 October to 29 October 2023 (8 days), this will not meet the required 28 days of LMT.

Notably, two overlapping job advertisements will be considered to meet the 28 days of LMT. That is, if you post an advertisement from 01 October 2023 to 20 October 2023 (20 days) and from 16 October to 30 October 2023 (14 days), this will meet the required 28 days.

If you are an employer looking to sponsor a worker on a TSS (Subclass 482) visa, it is necessary that you conduct LMT over a continuous 28-day period. If you do not complete this by the time of the nomination application, it will be refused.

How Can Agape Henry Crux Help 

If you would like further advice or assistance in relation to Labour Market Testing, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers at Agape Henry Crux specialises in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com. 

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter. 

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