Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 dated 8 December 2023 amends Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to streamline the LMT requirements by updating the manner in which LMT in relation to a nominated position must be undertaken.
A person who nominates a proposed occupation or an applicant for a visa of a prescribed kind under section 140GB is required to meet the labour market testing (LMT) conditions, unless exempted. LIN18/036 specifies the manner in which the LMT must be undertaken in relation to a nominated position, including the language to be used for any advertising, the method of any such advertising, the period during which any advertising must occur, and the duration of any advertising.
LIN 23/072 removes the mandatory requirement in paragraph 8(3)(a) of the LIN18/036 to advertise the nominated position on the Workforce Australia website (www.workforceaustralia.gov.au).
The instrument also inserts new subsections 8(6) and (7) to clarify matters in relation to the duration of any advertisement of a nominated position, relevant to current subsection 8(5). Subsection 8(5) of LIN 18/036 allows for a period of at least four weeks where applications or expressions of interest for an advertised position may be received. The amendment allows for a continuing length of time that LMT is being carried out and continues unbroken for a minimum four-week period across two or more overlapping advertisements where applications or expressions of interests for an advertised position may be received. The instrument does not allow LMT over two or more consecutive (but not overlapping) or non-consecutive periods totalling a minimum of four weeks.
The amendments are beneficial for employers wishing to nominate employees from overseas and will be applied prospectively.
The instrument is registered on the Federal Register of Legislation on 10 December 2023 and commenced on 11 December 2023.
To access the instrument, click here.
