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Second and third year process
Criteria being assessed
The Department of Trade, Business and Innovation (DTBI) examines the employer’s current and future workforce needs to determine:
- Which of the occupations and concessions requested may be accessible, and how many positions can be nominated for each occupation and concession.
Please note: endorsement of occupations and numbers of positions to be filled is valid for one year only.
- Whether the employer meets labour market testing and market salary rate requirements. Employers need to demonstrate they:
- have undertaken appropriate labour market testing and can show that they are unable to employ an Australian citizen or permanent resident to fill the position, and
- are offering their overseas worker terms and conditions of employment that are in line with Australian workplace requirements and are no less favourable than those an Australian could expect doing the same job in the same location.
- Whether the employer may be able to access the concessions, view occupations and concessions. To access the English or Temporary Skilled Migration Income Threshold (TSMIT) concessions, employers will need to provide evidence in support of the concessions sought.
- A completed form of occupations, numbers and concessions for year 2 or year 3:
- A completed summary of domestic recruitment efforts form for each occupation being requested including evidence of domestic recruitment efforts over the last six months, including:
- samples of advertisements in newspapers, professional journals, industry news letters etc
- contracts with recruitment agencies
- online job advertising including Facebook and website advertising
- evidence of participation in job search programs / activities (if any).
- Evidence of market salary rate, read market rate requirement. Evidence that the terms and conditions of employment being offered to the overseas worker are no less favourable than what an Australian could expect doing the same job in the same location. If the Northern Territory (NT) employer has an Australian citizen or permanent resident in the occupation, the relevant information will include:
- a copy of the Australian citizen’s or permanent resident’s employment contract
- recent pay slips
- if the NT employer does not employ an Australian citizen or permanent resident in the occupation, the relevant information will include evidence of salary levels for this occupation in the NT.
- Evidence of terms and conditions of employment. A sample of an employment contract for each occupation to be filled under the NT Designated Area Migration Agreement.
- Evidence in support of any concessions sought - TSMIT concession, read occupations and concessions. If a NT employer is seeking a TSMIT concession, the business will need to show the total value of the package that it will be providing to the overseas worker including: housing and other benefits, overtime, bonuses etc and how this will be sufficient for the overseas worker to support themselves and any dependants (if they have them) while they are in Australia on a Subclass 457 visa.
- Occupations sought under the labour agreement position descriptions for each occupation being sought under a labour agreement specifying:
- registration, or licensing requirements (if applicable)
- list of tasks that will be performed by an employee working in this occupation
- organisation chart.
- Evidence of any adverse information including documentation stating an intention to take action against the employer, whether the action is ongoing or completed, and if completed the outcome reached such as:*
- notice of intention to take action from Department of Home Affairs, notice of sanction / warning issued which lists the specified period
- notice of intention to take action from Fair Work Australia, notice of the outcome
- notice of intention from NT WorkSafe
- any other notices that would be relevant to assessing the good standing of the employer and an employer’s ability to fund ongoing employees (tax returns / debts etc), read adverse information.