LMT

Businesses who want to sponsor overseas workers for 457 or 482 visas must undertake labour market testing (LMT) unless exempt. This means the Department must be satisfied that ‘a suitably qualified and experienced Australian worker is not available to fill the nominated position. In practice, a suitably qualified Australian worker also refers to temporary residents on working holiday or work and holiday visa holders.

New LMT laws came into force on 12 August 2018. As such it is important to understand the rules applicable to you, which are based on the date you lodged your nomination application.

Download our free 2019 Labour Market Testing Guide for useful tipson LMT.

From 12 August

Law source: LIN 18/036

For businesses lodging an application after 12 August 2018.

Period
LMT must have been undertaken in the 4 months prior to lodging the nomination application.
 

Content
To be compliant, advertisements must:

  1. Be in English
  2. Include the position title/description
  3. State the salary/salary range (if lower than $96,400)
  4. identify any skills or experience requirements for the advertised position.
  5. Identify the company/recruitment agency (company name need not be disclosed if using a recruitment agency)

 Method
The business or a recruiter on the businesses behalf must publish at least two compliant advertisements:

  • On a recruitment website with national reach (including LinkedIn recruitment platform)
  • On the business website of accredited sponsors
  • In print media/radio with national reach

Duration
Advertisements must be published and available to the public for no less than 28 consecutive clear calendar days.

 Evidence
Businesses lodging a nomination application must evidence their LMT compliance with reference to:

  • Any advertising fees paid;
  • A copy of the advertisements;
  • For positions subject to alternative requirements – a submission explaining why an Australian worker is not available.

Additional Evidence
Under Department policy employers must also include:

  • Details of the numbers of respondents to each advertisement;
  • The reason each respondent was not acceptable for the position;
  • A letter of support from any recruitment service used, outlining the steps taken in the recruiting process.

Alternative Requirements
the following positions are subject to alternative requirements:

  • Where new nomination is required for existing visa holder because of change in business structure or pay
  • Internationally recognised record of exceptional achievement in a profession or field, eg sport; academia and research, top-talent chef
  • Intra-corporate transferees;
  • Positions with annual earnings of $250,000 or more;
  • Key medical occupations.

Exemptions
Businesses may not be required to undertake LMT where international trade obligations apply, including:

  1. Citizens/nationals of China, Japan or Thailand;
  2. Citizens/nationals/permanent residents of Chile, Korea, New Zealand or Singapore.

    Law source IMMI 18/058

 

 

Pre 12 August

Law source:IMMI 18/059

For businesses who lodged an application prior to 12 August 2018 the following criteria applies to you. However, if you lodged your application prior to June 2018 different LMT may apply and you should confirm the criteria with your lawyer/agent.

Period
LMT must have been undertaken in the 6 months prior to lodging the nomination application. If there have been redundancies this period is reduced to 4 months.

Content
To be compliant, advertisements must:

  1. Be in English
  2. Include the position title/description
  3. State the salary/salary range (if lower than $145,400)
  4. Identify the company/recruitment agency (company name need not be disclosed if using a recruitment agency)

Method
The business or a recruiter on the businesses behalf must publish at least two compliant advertisements:

  • On a recruitment website with national reach (including LinkedIn recruitment platform)
  • On the business website of accredited sponsors
  • In print media/radio with national reach

Duration
Advertisements must be published and available to the public for no less than 21 consecutive clear calendar days.

Evidence
Businesses lodging a nomination application must evedence their LMT compliance with reference to:

  • Any advertising fees paid;
  • A copy of the advertisements;
  • For positions subject to alternative requirements – a submission explaining why an Australian worker is not available.

Alternative Requirements
the following positions are subject to alternative requirements:

  • Where new nomination is required for existing visa holder because of change in business structure or pay
  • Internationally recognised record of exceptional achievement in a profession or field, eg sport; academia and research, top-talent chef
  • Intra-corporate transferees

Exemptions
Businesses may not be required to undertake LMT where international trade obligations apply, including:

  1. Citizens/nationals of China, Japan or Thailand;
  2. Citizens/nationals/permanent residents of Chile, Korea, New Zealand or Singapore.

    Law source IMMI 18/058

 

 
Information provided on this page is not legal or immigration advice and you should seek assistance specific to your individual circumstances.