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What’s changed?

On top of existing LMT requirements of running at least two job ads, employers sponsoring workers on a Subclass 457, 472 or 494 visa must now also place an ad on the Australian government’s free job-seeking site, jobactive i.e. a total of three advertisements must be placed.

• Ads must have been active (accepting applications) for at least 28 days AND this 28-day period must be within 4 months from date of lodgement.
• If there is any redundancy of a similar position within 4 months, the LMT must be undertaken after the redundancy.
• Ads must be in English and include the following information:
  • the title and duties of the position;
  • the skills or experience required for the position;
  • the name of the approved sponsor;
  • either the annual base salary for the position or a small salary range (a salary does not need to be included if annual earnings are AUD96,400 or above)

All nominations lodged on or after 1 October 2020 will need to comply with the new requirements.

International Trade Obligation (ITO) exemptions apply for Subclasses 457 and 482 only. 

What about the Employer Nomination Scheme (ENS 186 visa) and Regional Sponsored Migration Scheme (RSMS 187 visa)?

Due to COVID-19’s economic impact, nominations for permanent employer sponsored visas Subclasses 186 and 187 will also be expected to demonstrate that the position has been advertised on jobactive as part of fulfilling the ‘genuine need’ criterion.

• While no legislative instrument directly mandates this requirement for Subclasses 186 and 187 (unlike for Subclasses 457, 482 and 494), employers sponsoring employees under the ENS and RSMS will be expected to comply as part of the new policy shift.
• 186 and 187 nominations will only need to advertise on jobactive ie. place one ad on jobactive.
• We await further details on the precise job ad requirements for 186 and 187 nominations, but it is safe to assume that the same LMT requirements as Subclass 457, 482 and 494 (listed above) will apply.
• It is likely only nominations lodged on or after 1 October 2020 will need to comply.

In addition, the Department will be further scrutinising 186 and 187 nominations in relation to Australian workers employed by the business in similar occupations, including:

• retrenchments in the previous 12 months
• reduction of hours worked during the previous 12 months
• reduction in pay and conditions within the previous 12 months
• employment of a temporary visa holder on conditions less favourable than Australians
• recruitment of temporary visa holders beyond the ordinary scope of the business.

The bottom line: Employers who fail to undertake enhanced LMT risk having their nomination application refused. We will update our clients as soon as further guidelines are issued.

Key takeaways and practical tips for employers

Note: The above is general information only. Seek the advice of a qualified migration agent or lawyer to discuss how specific requirements apply to your own circumstances. Abacus Visa is here to assist.