Labour Market Testing (LMT) is a requirement for certain Australian visas to ensure there are no suitable local workers available for a position before hiring an overseas skilled worker.

When is Labour Market Testing Required?

LMT is required for:

• TSS Visa (subclass 482) - Short-term and Medium-term streams.
• Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494) - Employer Sponsored stream.

How to Conduct Labour Market Testing

Advertisement Requirements

Where to Advertise

Prominent or professional recruitment websites with national reach.

Industry-specific recruitment websites.

National print media (newspapers or magazines).

National radio with national reach.

Business website (if you are an accredited sponsor).

What to Include

Job title or description.

Skills or experience required.

Name of the sponsor or recruitment agency.

Salary range (if less than AUD 96,400).

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Advertising Duration

Ads must be run for at least 4 weeks.

Applications must be accepted for at least 4 weeks.

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Evidence Required

Provide copies of all advertisements used.

Ensure the advertisements meet the requirements outlined.

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For Labour Agreement Stream

• Proof of LMT is required if specified in the Labour Agreement.
• LMT must comply with the new requirements (two valid advertisements) for businesses in Category 2 locations.

Exemptions and Alternative Requirements

1. Exemptions:

1. International Trade Obligations (ITOs): LMT is not required for workers from certain countries or under specific conditions, such as senior management roles or intra-corporate transfers.
2. Occupation-Based Exemptions: Not available under the TSS and subclass 494 programs.
3. Minister of Religion Labour Agreement: LMT not required.
4. Aged Care Industry Labour Agreement: LMT can be met through a Memorandum of Understanding with industry unions.

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2. Alternative Requirements:

1. Exceptional Skills: Explain why the nominee is unique or exceptionally qualified.
2. Existing Visa Holders: Provide reasons for a new nomination due to changes in business structure or earnings.
3. Intra-Corporate Transfers (ICT): Detail the transfer arrangement and need for the position.
4. High Earnings: For salaries equal to or greater than AUD 250,000, describe the executive search process.
5. Medical Practitioners & Paramedics: Provide a written explanation if standard LMT requirements are not met.

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Additional Information

• Exemptions and Special Cases: Ensure you check any specific exemptions applicable to your situation.
• Legal Instruments: Refer to the Migration (LIN 18/036) Instrument 2018 and other legislative instruments for detailed LMT requirements and exceptions.