← Australia · 2020

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Mandatory Jobactive Advertising for Employer-Sponsored Labour Market Testing

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateSeptember 3, 2020
CategoryLabour market
Policy toolLabour market test
Affected groupEmployers / skilled temporary migrants

Policy effect

Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.

Conditions and exceptions

Validated condition or limit: Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Schedule 1—Amendments Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 1 Section 4 Insert: Employment Department means the Department responsible for employment policy, including employment services. 2 Subsection 7(1) Omit “Under subsection 140GBA(5) and for”, substitute “For”. 3 Subsection 8(1) Omit “under subsection 140GBA(5) of the Act”, substitute “for the purposes of subsection 7(1)”. 4 Subsection 8(2) Omit “For the purposes of paragraph 140GBA(3)(aa) and subsection 140GBA(6) of the Act, the”, substitute “The”. 5 Subsection 8(3) Repeal the subsection, substitute: (3) The nominated position must be advertised: (a) on the Employment Department’s Jobactive website (http://www.jobactive.gov.au); and (b) in at least 2 advertisements on or in one or more of the following: (i) a recruitment website with national reach in Australia (other than the website mentioned in paragraph (a)); (ii) print media with national reach in Australia; (iii) radio with national reach in Australia; (iv) if the approved sponsor is an accredited sponsor—the approved sponsor’s website. (3A) … and evidence of labour market testing) Amendment Instrument 2020 apply in relation 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 that is made after the end of the period of 28 days beginning on the day that instrument commences. (2) Despite the amendments of section 8 made by Schedule 1 to the Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing)Authorised Version F2020L01123 registered 02/09/2020 Schedule 1 Amendments 4 … Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Amendment Instrument 2020, that section, as in force immediately before the commencement of that instrument, continues to apply in relation 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 that is made within the period of 28 days after that commencement.Authorised Version F2020L01123 registered 02/09/2020 …
Federal Register of Legislation (Department of Home Affairs)Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 (F2020L01115)Open official source
Retrieved from https://www.legislation.gov.au/Details/F2020L01115

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-d25ff8d713528d18bd04. Something wrong? Flag this record.

Other Australia changes operative in 2020