What is Labour Market Testing?
Testing the Labour Market means determining whether the employer has tried to fill the vacant position with an Australian before offering the position to an overseas employee.
LMT plays a crucial role when it comes to applying for the TSS Visa (subclass 482) and you need to provide evidence when you apply for the visa.
As of the 12th of August 2018, LMT requirements vary depending on whether the nomination is for a “select position” or not. There have also been changes made to advertising requirements and time period.
Are there any alternatives?
For the positions below, alternative requirements apply. It is necessary, however, to provide a submission from the employer explaining why the position couldn’t be filled with an Australian citizen, permanent resident or eligible temporary visa holder.
Alternative Requirements are:
- A position that needs to be filled by a person with internationally recognised records/ achievements in:
- Sport
- Academia and Research
- Top talent Chef
- A position that needs to be filled by an individual who is employed by a company/organisation that is operating an already established business outside Australia and the sponsor is an associated entity of that company that is operating in Australia.
- A Position that is currently held by a TSS 482 visa holder, and a new nomination has been lodged because there have been changes in the annual earnings of the visa holders or changes in the business structure
- A position in the ANZSCO group of [253] Medical practitioners that is not [2531111] General Medical Practitioner or [253999] Medical Practitioners nec and [4111] Ambulance Officers and Paramedics
How to advertise?
Unless the above condition of “select position” applies, evidence must be provided to show that the position has been advertised for as follows:
The position has been advertised in Australia in English and included:
- Job Title/ Job Description
- Skills/ or Experience required for this position
- Name of approved sponsor or recruitment agency
- Annual earnings (unless higher than High Income Threshold of $AUD 96,4000
At least 2 advertisements were published in ANY of the following:
- On a prominent and national recruitment website (e.g. jobactive.gov.au)
- In nation-wide print media (published at least month throughout Australia)
- On national radio
- On the business’s website if the sponsor is an accredited sponsor
Advertisements will have to have been published for at least 4 weeks.
Applications must have also been accepted for at least 4 weeks.
The Evidence of LMT must be provided when lodging the application (unless international trade obligations apply).
International Trade Obligations
LMT is not required if:
- The employee is a citizen/national of China, Japan or Thailand or citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore
- The employee is currently working for a business that is an associated entity of the sponsoring business and is in located in Association of South-East Asian Nations
- The nominated applicant is currently working for an associated entity of the sponsoring business which is operating in a country that is a member of the WTO (World Trade Organisation) with the nominated occupation being Executive or Senior Manager occupation for the purposes of international trade obligations and the nominee will be accountable for either the entire or a substantial part of the company’s operations in Australia
- The sponsoring business operates in a WTO member country or territory and wishes to set up a business in Australia and the nominated occupation would be Executive or Senior Manager occupation for the purposes of international trade obligations
- The nominated employee is a citizen of a WTO member country or territory and he/she has worked for the sponsor in the nominated position in Australia on a full-time basis for the last 2 years.
More Information: https://www.homeaffairs.gov.au/trav/work/empl/tss-labour-market-testing
