06 Oct 2020

Temporary Skill Shortage visa (Subclass 482) & 𝐋𝐚𝐛𝐨𝐮𝐫 𝐦𝐚𝐫𝐤𝐞𝐭 𝐭𝐞𝐬𝐭𝐢𝐧𝐠 (𝐋𝐌𝐓)

Temporary Skill Shortage visa (Subclass 482): 𝐓𝐡𝐢𝐬 𝐭𝐞𝐦𝐩𝐨𝐫𝐚𝐫𝐲 𝐯𝐢𝐬𝐚 𝐥𝐞𝐭𝐬 𝐚𝐧 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐬𝐩𝐨𝐧𝐬𝐨𝐫 𝐚 𝐬𝐮𝐢𝐭𝐚𝐛𝐥𝐲 𝐬𝐤𝐢𝐥𝐥𝐞𝐝 𝐰𝐨𝐫𝐤𝐞𝐫 𝐭𝐨 𝐟𝐢𝐥𝐥 𝐚 𝐩𝐨𝐬𝐢𝐭𝐢𝐨𝐧 𝐭𝐡𝐞𝐲 𝐜𝐚𝐧’𝐭 𝐟𝐢𝐧𝐝 𝐚 𝐬𝐮𝐢𝐭𝐚𝐛𝐥𝐲 𝐬𝐤𝐢𝐥𝐥𝐞𝐝 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚𝐧 𝐭𝐨 𝐟𝐢𝐥𝐥.

The employers must show that they can’t find a suitable Australian worker. For these visas, if an employer nominates an overseas worker, employer will need to test the local labour market.

Sponsors must provide 𝐋𝐚𝐛𝐨𝐮𝐫 𝐦𝐚𝐫𝐤𝐞𝐭 𝐭𝐞𝐬𝐭𝐢𝐧𝐠 (𝐋𝐌𝐓)* proof when requesting a labour agreement.

For most nominations, advertising must be done within the 4 months immediately before lodging a nomination application.

However, if the sponsor or an associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions (in the nominated occupation) within 4 months before lodging the nomination application, the advertising must have occurred since the date that the redundancies or retrenchments occurred.

Note: information about these redundancies or retrenchments must also be provided with the nomination.

In addition, the advertising of the nominated position must meet all of the requirements below:

  • the advertisement was in Australia, in English and included the following information:
    • the title, or a description, of the position.
      Note: multiple positions in one advertisement is acceptable
    • 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
    • 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)
  • at least 2 advertisements were published in any of the below:
    • on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia
      • industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising
      • a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes
    • 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
    • on the business’ website if the sponsor is an accredited sponsor
  • advertisements, including on websites, are expected to have run for at least 4 weeks
  • applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks

Note:

  • the nominated position may be advertised in the same medium (such as newspaper advertisements, on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions
  • advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves

Requirements for nominations lodged on or after 1 October 2020

In September 2020, the Australian Government introduced new labour market testing measures for employer sponsored applications. 

In addition to the 2 advertisements mentioned above:

  • the nominated position must be advertised on the Government’s jobactive website
  • the jobactive advertisement must have included all of the information required to be included in the other 2 advertisements mentioned above
  • jobactive advertisements are expected to have run for at least 4 weeks
  • applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks

Note: advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves

Evidence of a total of 3 advertisements, including an advertisement published on the Government’s jobactive website, must be provided at the time the nomination is lodged.

*𝐋𝐚𝐛𝐨𝐮𝐫 𝐦𝐚𝐫𝐤𝐞𝐭 𝐭𝐞𝐬𝐭𝐢𝐧𝐠 (𝐋𝐌𝐓) 𝐠𝐞𝐧𝐞𝐫𝐚𝐥𝐥𝐲 𝐢𝐧𝐯𝐨𝐥𝐯𝐞𝐬 𝐚𝐝𝐯𝐞𝐫𝐭𝐢𝐬𝐢𝐧𝐠 𝐭𝐡𝐞 𝐩𝐨𝐬𝐢𝐭𝐢𝐨𝐧 𝐢𝐧 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚.

Source: https://immi.homeaffairs.gov.au/

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