Changes to 457 requirements for employers announced

BREAKING NEWS: Department releases details of new 457 Labour Market Testing requirements

Following a media release from Assistant Minister Cash on Friday, the DIBP has now released further details on their website regarding the labour market testing conditions set to commence on November 23.

After this date, LMT must be undertaken by standard business sponsors to the satisfaction of the DIBP prior to lodgement of a nomination. The new requirements however will not be extended to nominations lodged by parties to a labour agreement.

Some of the key details regarding the new requirements are as follows:

Exemptions

International Trade Obligations

LMT will not be required where it would conflict with any of Australia's international trade obligations, such as in cases where:

• The worker is a citizen of Chile or Thailand, or a citizen/permanent resident of New Zealand
• The worker is a current employee of an associated entity of the nominator's business that is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanman, Cambodia, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam) Chile or New Zealand.
• The worker is a current employee of an associated entity of the nominator's business that is located in a country that is member of the World Trade Organisation (WTO), where the nominated occupation is an Executive or Senior Manager.

Occupation-based exemptions

Rather than providing a list of occupations that are exempt from the LMT requirements, the DIBP has instead published a list of occupations that will require LMT. 

Major Disaster

Exemptions may also be granted by the Minister if a major disaster has occurred in Australia and someone needs to be nominated to assist with relief or recovery.

Requirements

Domestic Recruitment Summary Table

Sponsors will be required to complete a Domestic Recruitment Summary Table to accompany their nomination, which can be viewed via the link above.

Signed Declaration

Sponsors will also be required to sign a statement declaring that all knowledge provided is correct to the best of their knowledge, and that they are aware of the penalties for providing false or misleading information about the nature of their nomination.

Other Evidence

The provision of additional information is suggested as being viewed favourably by the DIBP in ensuring a sponsor's LMT satisfies their requirements. Extra evidence could include:

• Labour Market Research.
• Expressions of support from government employment agencies.
• Information about the nominator's participation in job and career exposition.

Time period

Evidence of testing provided by employers that are not exempt from the new requirements will be valid for up to 12 months prior to lodging a nomination.

FAQ

The following is a list of frequently asked questions relating to the new 457 LMT requirements. The list is not yet published on the DIBP website, but can be viewed here.

Further Information

Anyone with further enquiries relating to the new labour market testing requirements is encouraged to contact Migration Solutions in order to have their situation professionally assessed.

If you have any questions about the issues raised in this article or about corporate migration generally, please contact:

Mark Glazbrook
t: +61 8 82118597| e: mark@www.migrationsolutions.com.au

Source(s): Department of Immigration and Border Protection (DIBP) website