A Guide to Labour Market Testing for TSS / 482 and 457 Visa Nominations

One of the major changes introduced as part of the roll-out of the TSS / 482 visa is a much stronger requirement by the Department of Home Affairs around Labour Market Testing (LMT).

Labour Market Testing was a requirement for certain occupations prior to the introduction of the TSS visa, but not for all. Many technology and marketing roles were exempt from having to provide it. That is no longer the case – there are no exemptions.

This applies even when a current visa holder is simply moving roles.

How should the Labour Market testing be conducted?

The Department of Home Affairs has a very specific way they would like Labour Market Testing to be conducted. Below is a summary of the methodology.

Labour Market Testing is basically evidence of advertisements placed by the sponsor or a representative of them for a role that is subsequently nominated.

The standards that must be met are:

  • the nominated position has been advertised in Australia;
  • 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; and
    • the annual earnings for the position (unless the annual earnings will be greater than the Fair Work High Income Threshold, currently AUD 142,000 as at 14/04/2018);
  • at least two advertisements were published:
    • on a national recruitment website (e.g. SEEK, Indeed, Jora, jobactive.gov.au)
      • A recruitment website ‘with national reach’ 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.
      • We have also been advised that an unpaid advertisement on Gum Tree or a LinkedIn post (as opposed to a paid job add) will likely not be accepted
    • in national print media
      • Print media with ‘national reach’ includes national newspapers or magazines that are published at least monthly and marketed throughout Australia.
    • on national radio, or
      • Radio with ‘national reach’ includes radio programmes that are broadcast or syndicated nationally.

The advertisements must be advertised for a minimum of 28 days and those 28 days must have been within the previous four months prior to lodgement.

  • If the advertisement is published on a website, it is expected that the advertisement would have ‘remained live’ for at least 28 consecutive calendar days.
  • If the advertisement is published in print media or on radio, it is expected that applications or expressions of interest for the advertised position were accepted for at least 21 consecutive calendar days.
  • Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.

It is also likely the Department will become more concerned over the position not being advertised in the correct occupation. For example, advertising for a Business Development Manager who is then hired as a Business Analyst.

What Labour Market Testing evidence is needed?

You must provide evidence of the advertisements themselves, not just evidence from an admin area or an invoice. The Case Officer must be ablate see the entire context of the ad to ensure it meets all the requisite criteria.

Things to note:

1. Nominations cannot be lodged without evidence of LMT. What this means is that if the sponsor can’t provide at least four weeks of advertising that meets the requirements above, then the nomination application must be delayed until they can.

2. There is no wriggle room with the Department of Home Affairs these days. You either meet the requirements or you don’t. If you don’t, you will be refused.

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