Labour Market Testing (LMT)
LABOUR MARKET TESTING (LMT) FOR TSS VISA
In Australia, labour market testing (LMT) entails posting job openings for nominated positions. The LMT’s objective, as its name implies, is to demonstrate to the Department of Home Affairs (DoHA) that you are unable to locate a suitable worker who is an Australian citizen or permanent resident.
For both the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa and the Subclass 482 Temporary Skill Shortage visa (TSS), LMT is necessary.
The sponsor is required to post two ads and promote the position on the Government Workforce Australia website. The Workforce Australia advertisement needs to run for at least four weeks and be in the English language. It needs to contain:
The position’s title or description
The necessary qualifications or experience
The sponsor’s name
The position’s pay
It will basically be a three-time requirement for advertising.
When the nomination is submitted, these three advertisements need to be finished and sent to the DoHA. To guarantee that Australian citizens and permanent residents are given the chance to fill the job positions, the LMT is being strengthened. If LMT would interfere with Australia’s obligations under international trade agreements, or if the applicant’s yearly income is $250,000 or more, it is not necessary.
Period in which LMT must have been undertaken
For a minimum of 4 weeks and a maximum of 4 months prior to the nomination being submitted.
Unless there are obligations related to international trade, LMT testing will be required.
The online recruitment tool offered by LinkedIn and websites that are relevant to the nominated occupation and industry-specific recruitment websites are among the acceptable media for posting job advertisements for nominated positions.
The nominated position's LMT requirements for advertising must satisfy each of the following requirements:
The job title or description is included in the English advertisement (note: multiple positions in one advertisement are acceptable).
the position’s salary, or the name of the recruiting firm the sponsor is using if the position’s yearly compensation is less than AUD96,400. the name of the authorised sponsor. Note: publishing a salary range, such as AUD 90,000 to AUD 110,000, is acceptable.
such that job advertisements specify any qualifications or experience needed that are relevant to the role.
3 Advertisements mediums
- WORKFORCE AUSTRALIA(FREE)
AND WE SUGGEST TWO OF THE BELOW:
- Indeed
- DREAM JOB WEB
- JORA
- Careerone
- SEEK
NOT acceptable
The below platforms are not acceptable platforms and websites for Labour Market Testing:
Twitter, Facebook, Instagram, Gumtree
NOTES: The nominated position may be advertised simultaneously in any two different media types, or on two different occasions in the same media type (such as newspaper advertisements). Advertising on your company website is also permissible if you are an accredited sponsor.
Exemptions from International Trade Obligations to LMT
Where an ITO is applicable, LMT is not necessary. This happens in the following situations with the nominee:
nominated for a subclass 482 TSS visa (as subclass 494 nominations are not exempt from the Labour Market Testing) AND a citizen or national of China, Japan, Mexico, Thailand, or Vietnam; or a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, or Singapore; OR currently employed by an associated entity of your business that is located in a country that is part of the Association of South-East Asian Nations (ASEAN) (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, or Vietnam); OR Canada, Chile, China, Japan, Mexico, South Korea or New Zealand OR currently employed by an associated entity of your business that operates in a nation that conducts operations in a nation that is a World Trade Organisation (WTO) member. For the purposes of international trade obligations, the individual must be nominated in an Executive or Senior Manager occupation, be responsible for all (or a significant portion) of your company’s operations in Australia, and have your business operating in a WTO member country or territory with plans to establish a presence in Australia at this time citizen or eligible permanent resident (that is, a permanent resident of Armenia, Canada, New Zealand, or Switzerland) of a WTO member nation or territory, and has completed two years of full-time work for you (or a related organisation) in the nominated role in Australia.
In cases where an ITO is applicable, you will have to submit extra paperwork depending on the circumstances surrounding your nominee and the applicable obligation, such as proof of their nationality, citizenship, or status as a permanent resident, proof of their current employment, and proof of your affiliation with their current employer. To know more, please get in touch with us.