Labour Market Testing requirements will depend on which visa stream you are nominating under.
For some visa types (eg 482 TSS visa) you must demonstrate that you can not find a suitable Australian citizen or permanent resident worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market.
Labour market testing (LMT) generally involves advertising the position in Australia.
TSS visa (subclass 482) Short-term stream and Medium-term stream and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) Employer Sponsored stream labour market testing
Sponsors must provide a copy of the advertising material used to advertise the position (that is, a copy of the two advertisements that meet our requirements) when you nominate an applicant.
The Labour Market Testing requirements for most nominations must be done:
- within the 4 months immediately before lodging a nomination application,
- if within 4 months before lodging the nomination application, and if the sponsor or an associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions in the nominated occupation, the advertising must have occurred since the date that these events occurred. Note: when this occurs, information about these redundancies or retrenchments must also be provided.
Advertising of the nominated position must meet all of the 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; and
- 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, AUD $80,000 to AUD $90,000).
- at least 2 advertisements were published:
- One advertisement must be on the Australian Governments Jobactive website.
- The other on a prominent or professional recruitment website with national reach (for example, Seek, Indeed, Jora) 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; or
- 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.
- 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
- advertising may have been undertaken by a third party if authorised 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.
Requirements for nominations lodged on or after 1 October 2020
In September 2020, the Australian Government introduced new labour market testing measures for employer sponsored applications.
In addition to the 2 advertisements mentioned above:
- the nominated position must be advertised on the Government’s jobactive website
- the jobactive advertisement must have included all of the information required to be included in the other 2 advertisements mentioned above
- jobactive advertisements 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: advertising may have been undertaken by a third party if authorised 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 3 advertisements, including an advertisement published on the Government’s jobactive website, must be provided at the time the nomination is lodged.
In this video our registered Migration Agent explains and discusses the requirements for Labour Market Tests.