New Labour Market Testing

Source – www.mia.org.au

Legislative Instrument – F2018L01108 – LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 has come into effect.

The following alterations/additions have been made to the current LMT requirements:

• LMT must be for a minimum of 4 weeks 
• be undertaken in the 4 months immediately prior to lodgement 
• salary must be advertised unless higher than $96,400
• skills and experience must be advertised
• alternative arrangements are available for positions annual earnings over $250,000

Advertising on recruitment websites

• Only prominent or professional recruitment websites are acceptable for LMT purposes, these include e.g. jobactive.gov.au, SEEK. 
• Industry specific recruitment sites that are in significant use by the industry for nominated occupations are also acceptable, eg for hospitality occupations, Frontline Hospitality Recruitment.
• LinkedIn’s online recruitment platform is acceptable for LMT purposes, however, vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes.
• There is no requirement that the sponsor placed the advertisement itself.  The sponsor may authorise a third party, eg recruitment company or associated entity to place the advertisements.
• A general classified website or an advertisement solely through social media notification, such as Twitter or Instagram is NOT an acceptable method.
• GUMTREE is not an acceptable website for LMT.

Effect on nomination applications lodged but not finally decided.

This new Instrument applies to nominations made on or after 12 August 2018.

Despite the repeal of this Instrument for applications for nominations made before 12 August 2018 Legislative Instrument IMMI 18/059 continues to apply.

This Instrument repeals IMMI 18/059 and commences 12 August 2018.

The Department has helpfully provided a comparison chart of the old and new requirements.