Part 2Period, manner and evidence of labour market testing

Part 2 Period, manner and evidence of labour market testing

6 The period within which labour market testing is required

(1) For the purposes of paragraph 140GBA(3)(a) and subsection 140GBA(4) of the Act, the period within which labour market testing is required to be undertaken in relation to a nominated occupation is the period of 4 months ending on the day on which the nomination form in relation to the nominated application is lodged. (2) Subsection (1) does not apply to a select occupation.

Note: Subsection 140GBA(4A) of the Act deals with requirements for labour market testing where there have been redundancies or retrenchments as mentioned in subparagraph 140GBA(3)(b)(ii) of the Act.

7 The manner in which labour market testing in relation to a nominated position must be undertaken

(1) For the purposes of paragraph 140GBA(3)(aa) of the Act, the nominated position must be advertised in Australia in accordance with the requirements under section 8. (2) Subsection (1) does not apply to a select position.

8 The advertisement of a nominated position

(1) This section is made for the purposes of subsection 7(1). Language (2) The language to be used for any advertising (paid or unpaid) of a position, and any similar positions, commissioned or authorised by the approved sponsor is English. Method (3) The nominated position must be advertised in at least two advertisements on or in one or more of the following: (a) a recruitment website with national reach in Australia; (b) print media with national reach in Australia; (c) radio with national reach in Australia; (d) if the approved sponsor is an accredited sponsor—the approved sponsor’s website. (3A) Each advertisement of the nominated position for the purposes of subsection (3) must be commissioned or authorised by the approved sponsor. (4) Each advertisement of the nominated position for the purposes of subsection (3) must include the following details of the position: (a) the title or a description of the position; (b) the skills or experience required for the position;; (c) the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency; (d) the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD. Duration (5) Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the position is first published in accordance with subsections (2) to (4) on or in any of the following: (a) print media; (b) radio; (c) website; Overlapping interests (6) For the avoidance of doubt, for the purposes of subsection (5), applications or expressions of interest for a nominated position may be accepted for a continuous duration of at least 4 weeks across 2 or more advertisements where each advertisement for the nominated position overlaps either: (a) the first day on which the next advertisement for the nomination position is published; or; (b) the day on which the preceding advertisement for the nominated position is published. (7) For the purposes of determining the total number of days for a continuous duration mentioned in subsection (6), any day or days that overlap may only be counted once.