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Resources

Labour Market Testing

4 March 2024

If you are thinking about nominating a foreign employee under the subclass 482 Temporary Skill Shortage visa program, a requirement that you will have to meet as part of the Nomination application is that you have undertaken a step called ‘Labour Market Testing’ (LMT).

 

What is the purpose of Labour Market Testing?

LMT is designed to ensure that business sponsors test the local Australian labour market before offering a position to a foreign worker. The Department has strict requirements for the manner in which LMT must be undertaken.


What are the requirement for Labour Market Testing?

These requirements are:

  • The position must be advertised in Australia.
  • At least two advertisements must be published, in any of the below mediums:
    • On a recruitment website with ‘national reach’ in Australia, such as Seek, Indeed, or Jora;
    • In print media with national reach in Australia;
    • On radio with national reach in Australia; and
    • On the approved sponsor’s website (if the sponsor is an accredited sponsor).
  • The advertisements are in English.
  • The advertisements included the following details:
    • The title, or a description, of the position;
    • 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 to undertake LMT; and
    • The salary for the position (if the intended annual earnings for the nominated position are lower than $96,400AUD).
  • The advertisements accepted applications or expressions of interest for at least four weeks after they were first published
  • You must have completed LMT in the four month prior to lodging the nomination application

 

Labour Market Testing exemptions

There are also several exemptions to the requirement to undertake LMT, which may or may not apply depending on your business’ and prospective employee’s individual circumstances. We recommend that individual advice is obtained to see if this is relevant to you.

 

For assistance navigating the intricacies of the subclass 482 Temporary Skill Shortage visa program, click here to book a free 10 minute consultation to speak with one of our experienced immigration lawyers.

An experienced migration lawyer can make all the difference when you need.