The Australian Government is protecting local jobs with the recently instated Migration Amendment (Temporary Sponsored Visas) Commencement Proclamation 2013, which ensures Australian job candidates are given precedence over international workers.
From the 23rd of November 2013, labour market testing will be required to be undertaken by standard business sponsors before nominating an overseas worker for a Subclass 457 visa.
What labour market testing is required?
Labour market testing requires sponsors to show evidence of their attempts to recruit suitably qualified Australian citizens or permanent residents to the position before they can nominate an overseas worker.
Specifically, sponsors will have to provide details of any advertising (paid or unpaid) of the position, a requirement that the legislators maintain will not be onerous.
There are, as yet, no further instructions on what this definition of advertising might encompass, however The Department has noted it would be sufficient to provide evidence of advertisements placed in newspapers or job search websites; essentially, the way a business would usually advertise to recruit workers.
Exemptions
1. Labour market testing will not apply where it would be inconsistent with Australia’s international trade obligations. At this stage the extent of those has not been announced;
2. Where a major disaster has occurred in Australia and the exemption is necessary or desirable in order to assist disaster relief or recovery;
3. The Minister may specify by way of legislative instrument the nominated occupation based on skill and occupation. There is as yet no legislative instrument.
The MIA will advise members as soon as the subsequent legislative instrument, containing further details about advertising requirements and exemptions, is announced later this week.