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Businesses considering nominating overseas skilled workers on Subclass 457 Temporary Work, Subclass 482 Temporary Skill Shortage or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas, will be required to advertise these vacancies on the Jobactive Labour Market Testing website. This measure ensures that appropriately skilled Australian citizens and permanent residents are given work opportunities before overseas workers when a business nominates a vacancy.

The new requirements for advertising may be summarised as follows:

  • must be advertised on the Jobactive website, AND
  • must be advertised with at least two advertisements in one or more of the mediums, already specified in LIN 18/036,Item 8(3).
  • applies to ALL nominated occupations, not just those in the newly announced Priority Migration Skilled Occupation List (PMSOL)
  • applies to nominations made after 30 September 2020.

The new amending provision in LIN 20/156 applies to nominations made after 28 days from the commencement of the instrument. For clarification, the 28 day period begins on the day LIN 20/156 commences.

The instrument LIN 18/036 as in force immediately before the commencement of LIN 20/156, continues to apply to nominations made on or before the commencement of the 28 day period.

Legislative Instrument – F2020L01123 – LIN 20/156: Jobactive – Period, manner and evidence of labour market testing Amendment Instrument 2020.

This Instrument amends LIN 18/036 to include an additional requirement for the manner in which labour market testing is undertaken.

LIN 20/156 requires ALL nominated positions to be advertised on the Government’s Jobactive website. The Government’s Jobactive website is a free online jobs website that is accessible via the internet.

This amendment to the Instrument commences on 3 September 2020.

If you are an overseas worker looking to migrate to Australia contact our team. We have helped hundreds of people with our 40 years of experience and immigration law services.