For a nomination to be approved, the Department must be satisfied that a suitable qualified and experienced Australian worker is not available to fill the nominated position.

Mandatory Criteria for Sponsors

Under policy, the Department would generally be satisfied that this requirement is met provided the advertising effort meets all the following criteria:

1. At least two advertisements, each of which were published for 28 calendar days
   • on national recruitment websites such as linkedin.com, jobactive.gov.au, Seek.com.au, etc. (a general classified website such as Gumtree.com is not an acceptable method) OR
   • in national print media OR
   • on national radio OR
   • if the sponsor is accredited – on the businesses’ website
2. The nominated position has been advertised in Australia within the last 4 months
3. The advertisement must be in English and must include the following information:
   • the title, or a description, of the position
   • the skills or experience required for the position
   • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
   • the annual earnings for the position, unless the annual earnings will be greater than the Fair Work High Income Threshold currently at $96,400. However, it is acceptable to publish a salary range, for example: $80,000 to $90,000.

Other requirements

• If the advertisement is published on a website, it is expected that the advertisement would have remained ‘live’ for at least 28 consecutive calendar days – in this regard, you will need to provide:
• a copy of the advert on first day of advertisement AND a copy of the advert on the 28th day of advertisement OR
• a copy of the advert that clearly states the length of how long the advert is open for application
• If the advertisement is published in print media or on radio, it is expected that applications or expressions of interest for the advertised position were accepted for at least 28 calendar days
• The nominated position may be advertised in the same medium (such as newspaper advertisements ‐ on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions

Alternative requirements

Specific positions will be subject to alternative requirements in relation to:

• Where a new nomination is required for an existing visa holder because of a change in business structure or pay
• The nominated person has an internationally recognised record of exceptional achievement in a profession or field (example: sport, academia and research, top-talent chef, etc).
• The nominated position requires intra-corporate transferees
• Positions with annual earnings of $250,000 or more
• Key medical occupations

Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) ‐ there is no requirement that the sponsor placed the advertisement themselves.

Exemption to Labour Market Testing

Nominated positions for which international trade obligations applies will be exempted to Labour Market Testing.

This new Instrument applies to nominations made on or after 12 August 2018.

For any queries regarding the Labour Market Testing, contact one of our agents by sending an email to advice@perdaman-gs.com.au