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Australia – New Labour Market Testing Rules

New rules were announced by the Federal Government and implemented in August 2018. Employers need to advertise in Australia for roles that are to be filled by a Temporary Skills Shortage visa applicant (the main visa category for 1 – 4 year international assignments to Australia). The employer must demonstrate that Australians are not excluded from roles they are qualified to fill, and that genuine attempts have been made to find the required skill set in Australia. The few exceptions include:
  • Where an existing visa holder requires a new nomination because of a corporate restructure
  • an intra-corporate transfer
  • Where the earnings will exceed $250,000 and the market was tested in other ways (eg through an executive search process)
Where the employer seeks to use one the exceptions they need to explain the circumstances to the satisfaction of the Department of Home Affairs. There are quite onerous requirements as to what is acceptable advertising, and compliance is mandatory.