Labour Market Testing (LMT)
On 11th December 2023, the Australian government announced that an employer who is advertising a nominated position for Labour Market Testing (LMT) purposes, does not need to advertise it on the Workforce Australia website.
- For subclass 482 TSS visa nomination application and subclass 494 nomination application, it was earlier mandatory for the position to be advertised on the Workforce Australia website. This has been done to improve employer flexibility about how they conduct Labour Market Testing (LMT).
Also, the Australian government has updated the legislative instrument related to LMT, which now states that the nominated positions for 482 visa and 494 visas can be advertised over 2 or more overlapping periods which should be a minimum of 4 weeks.
How is Labour Market testing (LMT) conducted?
The following factors are very important for a valid Labour Market testing requirement for subclass 482 TSS visa nomination and subclass 494 nomination application.
The period in which the LMT is required?
Labour Market Testing (LMT) is required to be undertaken within 4 months of the nomination application lodgement. LMT which is conducted outside this period is not accepted and will lead to the nomination application being refused.
The way the LMT must be conducted for a nominated position.
- LANGUAGE: The advertisement for the nomination position must be in English.
- METHOD: The following things need to be kept in mind for undertaking LMT:
- The nominated position must be advertised in at least 2 advertisements which can be:
- A national recruitment website in Australia.
- National print media in Australia.
- National Radio in Australia.
- If the approved sponsor is accredited, then on their website.
- The advertisement for the nominated position must be commissioned or authorized by the approved sponsor.
- The advertisement for the nomination position must contain the following:
- The title or description for the nominated position.
- The skills or experience required for the nominated position.
- The name of the approved sponsor or the name of the recruitment agency undertaking the Labour Market testing.
- The salary for the nominated occupation should be advertised if it is less than AUD 96000.
- DURATION OF THE ADVERTISEMENT FOR LABOUR MARKET TESTING: Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the nomination is first published on national Australian radio, national Australian print media, or National Australian recruitment or accredited sponsor website.
- OVERLAPPING ADVERTISEMENTS: Applications or expressions of interest for a nominated position may be accepted for a continuous duration of at least 4 weeks across 2 or more advertisements where each advertisement for the nominated position must overlap:
- The first day of the next advertisement for the nominated position. OR
- The day on which the preceding advertisement for the nominated position is published.
- Any overlapping days will be only counted as one day.
- EVIDENCE FROM LMT THAT MUST ACCOMPANY THE NOMINATION APPLICATION. The following is the evidence from LMT which must accompany a nomination application:
- For a select position a written submission made by the nominating employer that provides reasons why a qualified Australian citizen or Permanent resident (PR) or an experienced eligible temporary visa holder is not readily available.
- A copy of the advertising material for the nomination position used for LMT must accompany a nomination application.
What is a select position for LMT purposes?
For select occupations, there are alternate requirements for nomination applications.
| CASE | REQUIREMENT |
| For sportsmen, academics, researchers, or a top-talent chef who has an internationally recognized record of exceptional achievement. | Submission must explain why the specific person chosen for the nominated position is one or one of very few people who could fulfill the requirements of the nominated position. |
| Where there is a new nomination for an existing TSS, subclass 494, or subclass 457 visa holder solely because: The annual earnings for the nominee have changed.Change in the business structure has resulted in the unemployment of the visa holder although the SBS hasn’t changed position. | Submission for the nomination application should explain why the new nomination is required even though the position is already filled by an existing 482 visa holder or 494 visa holder. (example due to business restructuring) |
| In case of an Intra-corporate transfer (ICT) of an existing employee of a company to an associated Australian entity. | Submissions explaining the need for ICT transfer and documents outlining the transfer agreement should be provided with the nomination application. |
| Where salary is equal to or more than AUD 250,000. | Submission explaining methods of LMT used and how the overseas worker was selected. |
| Medical Practitioners except General Practitioners (ANZSCO 253111) Medical Practitioners Nec (ANSCO 253999) ANZSCO Group 4111 -Ambulance Officers & Paramedics | Standard LMT is not mandatory. A written submission may be made instead. It must include the reasons why the sponsor cannot find an experienced Australian citizen, Permanent resident, or eligible temporary visa holder for the nominated position. |
Exemptions for International Trade Obligations (ITOs) to not undertake LMT
LMT is not required where Australia has international trade Obligations:
- LMT is not required for citizens of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam, or a citizen/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore, or the United Kingdom.
- A nominated worker who is a current employee of a business that is an associated entity of Australian business which is in an ASEAN (Association of South-East Asian Nations) country. The following ASEAN countries are included in this: Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, or Vietnam). Other countries included are Canada, Chile, Japan, Mexico, South Korea, United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, The Cook Islands or Vanuatu.
- A nominated worker is a current employee of an associated entity of an Australian business that operates in a WTO country and the nominated occupation is a senior manager position and will be responsible for the entire or a substantial part of company’s Australian operations.
Senior Manager Position includes the following occupations:
Advertising Manager ANZSCO Code 131113
Chief Executive or Managing Director ANZSCO Code 111111
Chief Information Officer ANZSCO Code 135111
Corporate Information Officer ANZSCO Code 111211
Corporate Services Manager ANZSCO Code 132111
Finance Manager ANZSCO Code 132211
Human Resource Manager ANZSCO Code 132311
Sales & Marketing Manager ANZSCO Code 131112
Supply and Distribution Manager ANZSCO Code 133611
- If the business is operating in a WTO country, Tuvalu, Kiribati, Niue, or the Cook Islands and is setting up business in Australia and the nominated occupation is a Senior Manager Position.
The Senior Manager Position includes the following occupations:
Advertising Manager ANZSCO Code 131113
Chief Executive or Managing Director ANZSCO Code 111111
Chief Information Officer ANZSCO Code 135111
Corporate Information Officer ANZSCO Code 111211
Corporate Services Manager ANZSCO Code 132111
Finance Manager ANZSCO Code 132211
Human Resource Manager ANZSCO Code 132311
Sales & Marketing Manager ANZSCO Code 131112
Supply and Distribution Manager ANZSCO Code 133611
- The nominated person is a citizen or eligible permanent resident of a WTO country and has worked full-time for the employer in the nominated position for the last 2 years.
IMPORTANT NOTE: The International Trade Obligations exemptions detailed above do not cover 482 nominations under a Labor agreement or Skilled Employer Sponsored Regional (Provisional) Visa subclass 494.
Eligible permanent residents include permanent residents of Armenia, Canada, New Zealand, or Switzerland.
Disclaimer: The above information is not tailored to personal circumstances.
For information relevant to personal circumstances, please book an
appointment with Oracle Immigration Consultant’s expert migration agents in
Australia.
For any inquiries, please contact us at +61 430812158. We are premier Immigration agency and consultancy in Melbourne (Bundoora and Geelong).
