Labour Market Testing for TSS Visas

On 12 August 2018 the requirements for labour market testing changed again. Unless exempt, employers in the last four months must:

  • place two advertisements for the position
  • advertise the position in English
  • include the following information in the advertisement:
    • the title, or a description, of the position
    • the skills or experience required for the position
    • the name of the employer, or the recruiter placing the adverts
    • the salary for the position if the annual earnings are lower than $96,000.

The advertisement must accept applications or expressions of interest for at least 28 days after the advertisement was first published.

New labour market testing arrangements are in place for 'select occupations' and 'select positions where the above requirements do not apply. These occupations/positions are those:

  • that require the applicant to have an internationally recognised record of exceptional and outstanding achievement in a profession or field, such as, sport, academia or research, or as a top-talent chef
  • that will be filled by a person who is:
    • employed by a company operating an established business overseas
    • nominated by a standard business sponsor who is an associated entity of that company, operating in Australia.
  • held by a TSS or Subclass 457 visa holder for which a new nomination has been lodged solely because:
    • the annual earnings that will apply to the nominee have changed
    • a change in business structure has resulted in the nominee's employer lodging a new application to be approved as a standard business sponsor, or
  • for which the annual earnings of the occupant will be equal to or greater than AUD 250,000.00
  • nominated as a Medical Practitioners (excluding General Medical Practitioner and Medical Practitioners nec)
  • nominated as an Ambulance Officers or Paramedics.

Exemptions where there is an international trade agreement continue to apply.

If you are advertising a position within your business and are willing to accept applications from overseas nationals, we recommend you follow the above guidelines. This will save time and money if you do need to sponsor an overseas worker.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.