What is Labour Market Testing (LMT)?
Labour market testing or LMT is a requirement needed for employers planning to employ migrant workforce showing that they’ve already attempted to give opportunities to suitably qualified and experienced Australian citizens or permanent residents (or eligible temporary visa holders) to fill the position.
What are the requirements of the Labour Market Testing?
Update August 12, 2018
The following alterations/additions have been made to the current LMT requirements:
- LMT must be for a minimum of 4 weeks
- be undertaken in the 4 months immediately prior to lodgement
- salary must be advertised unless higher than $96,400
- skills and experience must be advertised
- alternative arrangements are available for positions annual earnings over $250,000
Advertising on recruitment websites
Only prominent or professional recruitment websites are acceptable for LMT purposes, these include e.g. jobactive.gov.au, SEEK.
Industry specific recruitment sites that are in significant use by the industry for nominated occupations are also acceptable, eg for hospitality occupations, Frontline Hospitality Recruitment.
LinkedIn’s online recruitment platform is acceptable for LMT purposes, however, vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes.
There is no requirement that the sponsor placed the advertisement itself. The sponsor may authorise a third party, eg recruitment company or associated entity to place the advertisements.
A general classified website or an advertisement solely through social media notification, such as Twitter or Instagram is NOT an acceptable method.
GUMTREE is not an acceptable website for LMT.
The requirements undergo some changes when the Government abolished Subclass 457 and replaced it with the new TSS visa otherwise known as Subclass 482. Here are some of the changes:
1. Ads must be less than 6 months old.
3. the advertisement was in English and included the following information:
- the title, or a description, of the position
- the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
- the annual earnings for the position (unless the annual earnings will be greater than the Fair Work High Income Threshold, currently AUD 142,000)
4. at least two advertisements were published:
- on a national recruitment website (for example, jobactive.gov.au mentioned above) – that is, a prominent or professional recruitment website that publishes advertisements for positions throughout Australia. A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method
- in national print media – that is, national newspapers or magazines that are published at least monthly and marketed throughout Australia
- on national radio – that is, radio programmes that are broadcast or syndicated nationally
Employer Sponsored Visa Subclasses, namely TSS visa (482), subclass 186 (ENS) and 187 (RSMS) visas.
Who should conduct the LMT?
Employers, for all nominations unless international trade obligations (ITOs) apply.
Is there anything else about Labour Market Testing you’d like to ask?
If yes, put them in the comment below. We’ll answer and then integrate them in this post.
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