TSS Labour Market Testing – Best Practice

Dear TSS Sponsor

As part of your 2019 recruitment programme, you may be instinctively posting job advertisements the way you have always done. This would not usually be a problem, but many sponsors who attract the attention of successful overseas candidates may be forced to readvertise if their Labour Market Testing (‘LMT’) was not in strict conformity with the new LMT guidelines In place since 12 August 2018.

These guidelines are highly prescriptive and should be used to frame all job advertisements where there is a possibility that an overseas worker may be hired as a result.  If you would like more information on these guidelines, please contact us.

At a minimum, most sponsors should be ensuring that:

  • The advertising is in English, in Australia, and published for a minimum of 4 weeks on at least two platforms within the 4 months immediately before lodging a TSS nomination application
  • The advertisements include the following information:
    • the title, or a description of the role;
    • the skills or experience required for the role;
    • the correct name of the approved sponsor (e.g. ABC Pty Ltd), or the name of the recruitment agency being used by the sponsor; and,
    • the salary for the position (unless the annual earnings for the position will be higher than $96,400); it is acceptable to publish a salary range.

The advertisements should be published in a ‘prominent or professional recruitment website with national reach’ or other approved media (detailed further in the attachment). Some advertisers are better than others in terms of helping sponsors to evidence their LMT efforts which is also a requirement at the time of lodging a nomination application. Failure to comply with LMT risks forfeiting up to $7,200 in the SAF levy which is not refundable in these circumstances.

If you are looking to advertise a role and are unsure of where to advertise, whether the advertising copy complies, or if the role is exempt from the LMT requirements altogether, please contact us before going live, and avoid the hassle and expense of adding a further month to the nomination and visa application process.

Want to learn more?

We have put together a Ready-Reckoner of the guidelines including certain exemptions / exceptions to the general LMT requirements. If you would like to request a copy, please contact Alex Kaufman – ajk@fcbsmartvisa.com.au 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *