(+612) 9299 0255 richard@rslawyers.com.au

Jobactive requirement summary (Subclass 457, 482 and 494/Subclass 186 and 187).

Clients must ensure that advertising on Jobactive use the platform correctly and undertake the required full 28 days of advertising. There have been reports that advertisements on JobActive are for 14 days by default and therefore it is recommended to tick the correct box to extend the period when publishing the ad to meet the 28 days requirement. The Jobactive site can also take several days to post the adverts and this should be taken into account when placing the advertisements. As always, we are standing by to help you with all your Jobactive questions and concerns. Contact our team anytime and we’ll gladly help.

  • Jobactive advertising is mandatory for Subclass 457, 482 and SC 494.
  • Jobactive advertising is an ADDITIONAL requirement to the current Labour Market Testing (LMT) requirements of having 2 advertisements i.e. A total of THREE advertisements must be placed.
  • The advertising criteria is the same for all LMT adverts including that on Jobactive
  • International Trade Obligation (ITO) exemptions apply to LMT including the Jobactive advert for SC 457 and SC 482 only.
  • LMT and Jobactive requirement not needed for nominations for a select occupation or a select position to which alternative evidence arrangements apply.
  • An ABN is required to advertise through Jobactive. Those Overseas Business Sponsors (OBS) required to undertake LMT will need to authorise a suitable Australian company to place the advertisements for them.
  • The new requirement to advertise on Jobactive applies to nominations lodged on or after 1 October 2020.

SC 186 and 187

  • There is no direct LMT requirement for SC 186 and SC 187 however, the Australian Government has an expectation that positions will be advertised on Jobactive for SC 186 and 187 to demonstrate that there is a genuine need for an overseas worker to fill that position. Genuine need criterion is under 5.19(9)(d) for DE and 5.19(5)(k) for TRT.
  • JobActive for SC186 and 187 is expected to apply to all positions. NO exemptions for ITO and select position or select occupation arrangements will apply.
  • It is not clear whether the advertisement on Jobactive must follow the same advertising requirements as LMT for SC 457, 482 and SC 494 but safer to assume that the same requirements apply.
  • It is not clear when the expectation to advertise on Jobactive commences however, it is not thought to be retrospective and most likely will apply to nominations lodged on or after 1 October 2020 as per the SC 457, 482 and 494 requirements.
  • If you have received an RFI, requesting that the position be advertised in order to meet a genuine need, it is recommended the required evidence be provided as the Department may refuse the application, if no information is provided.
  • Procedural instructions will be updated to reflect the new arrangements in due course.
  • The MIA has contacted the Department to clarify aspects of the Jobactive expectation for ENS and RSMS. Once we have further information we will let members know.