Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 [“the Instrument”] proposed to amend Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas.
According to the Instrument, the nominated positions for various eligible occupations must be advertised on the Jobactive website (http://www.jobactive.gov.au), which is a Government website. Other requirements for conducting labour market testing, including making at least 2 advertisements, made or authorised by the approved sponsor, remain the same.
The Instrument also specifies that it applies to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument. It also specifies that any nomination made before this period will continue to be governed by the existing provisions, i.e., the requirement to advertise the position on the Jobactive website will not be applicable during this period.
The Instrument is registered on the Federal Register of Legislation on 02 September 2020 and as per Section 2 of the Instrument, it came into effect from the day after it was registered, i.e. 03 September 2020. Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. Thus, the compilation of Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 dated 16 November 2019, which is currently in effect, has been amended by the Instrument.