Under Section 140GBA of the Migration Act, Labour Market Testing (LMT) is mandatory under the Temporary Skills Shortage (subclass 482) visa programme to ensure that local market has been tested and job opportunities are provided to the local workforce first before sponsoring overseas employees. The position must be published on the Government’s Jobactive website (www.jobactive.gov.au) according to LIN 18/036 : Period, manner and evidence of labour market testing along with 2 other platforms unless an exemption applies.

From 4 July 2022, JobActive will be replaced with Workforce Australia Online. Workforce Australia Online comes under a new, modern and innovative employment service by the Department of Education, Skills and Employment. The new employment service will commence operationally on 4 July 2022.

Effect on the TSS Visa

From 4 July 2022, employers will publish job advertisements via a new online instead of linking to an individual MyGov account to JobActive website. This means that any LMT currently running that spans the 4 July implementation date will not be compliant unless a new legislative instrument is announced in the interim. We will carefully monitor any announcements regarding changes to the current requirements under LIN 18/036.

In the meantime, please reach out to the Longton Legal Immigration team for more information.

 *Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*