Change in LMT requirements

For nominations under the Temporary Skills Shortage (“TSS”) Program, labour market testing is required. What this involves will change for nominations lodged after 30 September 2020.

From 1 October 2020, unless exempted or relating to a select position or select occupation, the following advertising is required:

• Advertisement on the Jobactive website for at least 28 days PLUS

• At least 2 advertisements published for at least 28 days in any of the below:

• on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia (eg Seek, Indeed, Jora)

• in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia)

• on national radio with national reach, or

• on the business' website if the sponsor is an accredited sponsor

The advertisement must have been conducted within the 4 months prior to nomination (restrictions apply if there have been retrenchments or redundancies of Australia workers – if so, you should seek advice before lodging a TSS nomination). It also must be in English and include the following information:

• the title, or a description, of the position

• the skills or experience required for the position

• the name of the approved sponsor or the name of the recruitment agency being used by the sponsor and

• the salary for the position - if the annual earnings for the position are lower than AUD96,400.

You have to be able to evidence that the advertisements were live for 28 days and you must ensure that you have a complete copy of the ad.

To discuss your specific situation and seek advice please don’t hesitate to contact us.