What is Labour Market Testing for RSMS Visa?


Labour Market Testing Report is a comprehensive report that is usually required from the Department of Immigration and Border Protection (DIBP) during an employer-sponsored visa application. The Labour Market Testing report demonstrates to the DIBP of the employer’s genuine efforts in trying to recruit a local employee (Australians and Permanent Residents). The report is submitted as supporting evidence to prove that efforts have been made in finding an eligible candidate for the role. The government is currently contemplating actions to encourage migrants to live and work in regional city areas to help ease the pressure on home prices and infrastructures in busy city areas such as Sydney and Melbourne.

Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visa The Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visa allows Australian employers, located in a low populated, regional area to recruit skilled workers from overseas when they are unable to find an eligible candidate from the local labour market.

Regional Certifying Body (RCB) Regional Certifying Bodies (RCBs) are state/regional organisations which have been approved by the Minister of Immigration to use their local knowledge and familiarity of local industries in their respective regions to assess and confirm based on business and labour market conditions in that region whether an application for skilled migration meets the legislative requirements of Australia's immigration program. The local RCB will analyse and report on whether there is a legitimate skills shortage in that area and whether the position in the employer's business is a genuine position which falls under the scope of the RSMS program.

RCB assesses each application based on many different criteria such as;

  • A genuine need for the position which is integral to the business activity of the nominator

  • The terms and conditions offered are no less favourable than the terms and conditions that would be provided to an Australian citizen or Australian permanent resident performing a similar role in the same workplace at the same location.

Case Study - Hairdresser Position in a Regional Area

Not too long ago, we received a case to conduct a RSMS Labour Market Testing report for a Hairdresser position. it was an elaborate process as the particular RCB had very specific requirements and as a result we had to exercise a lot of our inference and administrative work throughout the process. Most RSMS Labour Market Testing requires posting of a job advertisement using a local JobActive job placement provider and this is the tricky part, most local JobActive job placement provider are not familiar with the criteria and are unable or unwilling to assist migration agents and lawyers with the necessary support. One such evidence would be getting the report from them stating the outcome of the job advertisements. After numerous attempts at trying to reach out to the only two local JobActive job placement providers and with unsuccessful support from them, we went through our internal analysis of this case and formulated the addition evidence required to satisfy the particular RCB requirement.

The RCB has very strict requirements that employers have to fulfil and all of it has to be met otherwise they would not be granted the RCB approval. These strict recruitment activities requirements may include documentary evidences, such as;

Advertisement Description

  • The position description must adequately describe the technical skills and experiences to perform the duties for the nominated position.

  • The duties have to be in line with ANZSCO but written in context that is relevant to the business.

  • The advertisement has to be written with the intent to attract eligible local applicants (Australian Citizens or Permanent Residents) and not discourage them from applying.

Advertisement Placement

As a minimum a position advertisement is required to be listed for two weeks on the following media:

  • Paid advertisement on Seek (Seek.com.au) and/or CareerOne (careerone.com.au)

  • Source and liaise with local regional newspaper agencies to have a job advertisement printed.

  • Job advertisement to be listed with a local JobActive job placement provider.

  • Posting on websites such as Gumtree, will not satisfy the recruitment activity requirement.

  • Advertisement has to be placed on recruitment specific websites in order to satisfy the recruitment.

Advertisement Outcomes

The following information about the recruitment activities must be evidenced:

  • Copy of original job advertisements.

  • Location where the advertisements appeared, including the duration in which the advertisement appeared.

  • A detailed summary of all applicants who applied and were shortlisted for the position.

  • Copy of applicants’ resumes attached together with the report.

  • Justification for why no local applicants (Australian Citizens or Permanent Residents) were selected for the position.

These are but a few of the requirements which RCB may, but is not limited to, request from the business. Keep in mind that each case is unique and will be assessed differently.

If you need assistance with RSMS Labour Market Testing report, feel free to contact us at 07 3102 1168 or email us at lmt@laboursupport.au and we will be able to provide you with the best consultation.

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T:   1300 527 778  / 1300 LBR SPT

T:   07 3102 1168

 

E:   hr@laboursupport.com.au

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