Correct as at 3 June 2020
Understanding Labour Market Testing (LMT) requirements is critical when recruiting foreign workers to positions within your organisation. Both the subclass 482 (Temporary Skill Shortage) visa and the subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa are the possible visa options to considering for sponsoring an overseas worker. However, unless an exemption applies, you will need to show that you have to undertake Labour Market Testing (LMT). Both LMT and exemptions to LMT are addressed in this article.
The Immigration Department requires that you, as the sponsoring employer, have tested the local Australian labour market (through advertising the position) first, to determine whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to fill the position.
If no Australian citizen or Australian permanent resident is suitable and readily available to fill the position, you may offer the role to an overseas candidate and show evidence of the LMT that was undertaken for the role when lodging a nomination application within the 482 and 494 pathways. Hence it is critical that Australian employers have a sound understanding of Labour Market Testing (LMT) requirements.
What is Required When Conducting Labour Market Testing?
When it comes to Labour Market Testing (LMT), the Department has very specific requirements. If these requirements are not met, the Department will refuse the nomination application, and any associated pending visa application.
The LMT, or advertising of the position, is required to be completed as follows:
- The position must be advertised in Australia;
- The position must be advertised in at least two (2) advertisements across:
- Recruitment websites or industry specific websites with national reach in Australia (eg. Seek, Indeed, Adzuna); or
- Print media with national reach in Australia; or
- On radio with national reach in Australia; or
- If you, the sponsoring employer, hold accredited status as a Standard Business Sponsor, you are permitted to advertise the position on your website;
- The advertisements for the position must be written in English;
- The advertisements must include each of the following details:
- Position Title or Position Description;
- Selection Criteria for the position (eg. skills or experience required);
- The position salary;
- The name of the sponsoring employer, or if a recruitment agency is engaged by the sponsoring employer for the purposes of testing the local labour market, the name of the recruitment agency;
- Each advertisement must run for a period of no less than 28 full days; and
- The LMT must have occurred no more than 4 months prior to the date the nomination application is lodged.
Proof of the above must be provided to the Department when the sponsoring employer lodges a 482 or 494 nomination application. A copy of the advertising material used to advertise the position must be provided, and supporting evidence should also be provided to show the Department that the advertisements had run for no less than 28 full days.
If your organisation has questions about its approach to LMT for immigration purposes, please click to contact Visa Lawyers Australia