Government adopts new labour market testing guidelines for TSS visa programme

IMPACT – HIGH

What is the change? The Australian Government has established new labour market testing requirements for the Temporary Skill Shortage (Subclass 482) visa programme.  

What does the change mean? The changes touch on everything from when labour market testing should be conducted, to what information should be included in advertisements to what jobs will be exempt.

• Implementation timeframe: Immediate and ongoing.
• Visas/permits affected: Temporary Skill Shortage (Subclass 482) visas.
• Who is affected: Employers and foreign nationals applying for Temporary Skill Shortage (Subclass 482) visas.
• Business impact: Labour market testing requirements have become more stringent in some ways, but officials have also made more exemptions available.

Background: Australia adopted new labour market testing guidelines when the Temporary Skill Shortage (Subclass 482) visa replaced the Subclass 457 visa in March. The requirements were altered again with legislation establishing the new Skilling Australians Fund. Among the key changes:

• Labour market testing must be completed no longer than four months (down from six months) before a nomination application is lodged.
• Advertisements must be posted for at least 28 days on a national recruitment website, a national news publication, or on the company website if the company is an accredited sponsor.
• Advertisements must be in English.
• Advertisements must include the job title, skills or experience required, name of the business or recruitment agency, and annual pay unless it is above AUD$96,400.

Exemptions to labour market testing are available for (1) intra-corporate transferees, (2) employees earning at least AUD$250,000, (3) positions requiring internationally recognised skills in sport, academia or cuisine, (4) medical practitioners in ANZSCO Minor Group 253, except ANZSCO 253111 and 253999; and (5) ambulance officers/paramedics in ANZSCO Unit Group 4111.

BAL Analysis: Sponsors should be sure to update their labour market testing procedures to make sure they are in line with the new guidelines. Failure to do so may result in delays or having nominations rejected. BAL is available to assist clients in determining how to advertise positions and in determining whether an exemption is available.

This alert has been provided by the BAL Global Practice group and our network provider located in Australia. For additional information, please contact your BAL attorney.

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