Changes to Labour Market Testing (LMT) Requirement
With a change announced to the Labour Market Testing (LMT) requirements for Temporary Skill Shortage subclass 482 (TSS) visa and Skilled Employer Sponsored Regional subclass 494 visa.
From 8 December 2023, there is no longer a requirement for employers to advertise on the government website Workforce Australia to meet the LMT requirements.
Where an exemption/alternative evidence does not apply to meet the LMT requirements, employers are required to:
- Advertise the nominated position on two platforms:
- on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia (example on Seek.com.au); or
- in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia) or on national radio with national reach
- Advertise the nominated position for at least four weeks in the four months immediately prior to lodgement of a TSS nomination application.
The Department have also clarified they will not accept evidence of non-consecutive advertising. A job advertisement must run over a continuing period of time, rather than separate non-consecutive periods. Overlapping job advertisements will be accepted, but not back-to-back advertisements.
For example, an advertisement is posted on a recruitment platform from 1 November 2023 to 20 November 2023 (20 days). A duplicate advertisement is run on the same platform from 19 November to 4 December 2023 (14 days).
This example would comply with LMT requirements as the overlapping advertisements have been posted for a continuing period of at least four weeks. The day which overlaps may only be counted once. If the second advertisement was posted on 21 November, the department would not accept that the ad has run continuously for 28 days.
