14/03/2024

Labour Market Testing (LMT) refers to the process by which employers are required to demonstrate that they have tested the local labor market before hiring foreign workers on certain types of visas or work permits. The purpose of LMT is to ensure that local workers have the opportunity to apply for available job positions before employers resort to hiring workers from overseas.

Labour Market Testing can vary based on Australia’s immigration policies. However, common components of LMT requirements may include:

  1. Job Advertisement: Employers may be required to advertise the job vacancy through approved channels for a specified period, such as online job portals, newspapers, or government-run job boards. The advertisement should contain specific details about the job position, qualifications required, and application process.
  2. Duration of Advertisement: There may be regulations specifying the minimum duration for which the job vacancy must be advertised. This duration typically allows sufficient time for local candidates to apply and for the employer to assess the available pool of talent.
  3. Job Requirements: The job advertisement should accurately reflect the qualifications, skills, and experience required for the position. Employers must ensure that the job requirements are not unreasonably restrictive or tailored to favor foreign workers over local candidates.
  4. Documentation: Employers may need to maintain records of the LMT process, including copies of job advertisements, the number of applications received from local candidates, and any steps taken to recruit local talent.
  5. Compliance Verification: Immigration authorities may conduct audits or checks to verify that employers have complied with LMT requirements. Non-compliance with LMT regulations could result in penalties or the rejection of visa applications for foreign workers.

It’s essential for employers to familiarize themselves with the specific LMT requirements.

Additionally, it’s worth noting that LMT requirements can evolve over time as governments adjust immigration policies and respond to changing economic conditions. Therefore, employers should stay updated on any changes to LMT regulations to ensure compliance.

Requirements for on hand nominations and nominations lodged on or after 11 December 2023:

When sponsors nominate an applicant they must provide a copy of the advertising material used to advertise the position (that is, copies of all advertisements that meet the advertising requirements).

For most nominations, the position must have been advertised for at least four weeks within the four month period immediately prior to lodging the nomination application.

If an Australian citizen or permanent resident worker has been made redundant or retrenched from the nominated occupation within 4 months before lodging the nomination application, the advertising must have occurred since the date of the redundancy or retrenchment.

Note: information about these redundancies or retrenchments must also be provided with the nomination.

In addition, the advertising of the nominated position must meet all of the requirements below:

  • the advertisement was in Australia, in English and included the following information:
    • the title, or a description, of the position
      Note: multiple positions in one advertisement is acceptable
    • the skills or experience required for the position
    • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
    • the salary for the position – if the annual earnings for the position are lower than AUD96,400
      Note: it is acceptable to publish a salary range (for example, AUD80,000 to AUD90,000).
  • at least 2 advertisements were published in any of the below:
    • on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia
      • industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising
      • a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes.
    • in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia)
    • on national radio with national reach
    • on the business’ website if the sponsor is an accredited sponsor.
  • advertisements, including on websites, are expected to have run for at least 4 weeks
  • applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

Note:

  • the nominated position may be advertised in the same medium (such as newspaper advertisements, on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions
  • the nominated position may be advertised over two or more overlapping periods totaling a minimum of 4 weeks
  • advertising may have been undertaken by a third party if authorized to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.

Evidence of a total of 2 advertisements must be provided at the time the nomination is lodged.

We can assist you with meeting these requirements.

For further assistance please contact us at [email protected] or through the contact us page on this website.