Labour Market Testing

 Labour Market Testing (Sept 2018)

TSS visa or 186 visa or 187 visa**
When an employer nominates an overseas skilled worker for a visa, the Australian government wants to be sure that the employer has made a genuine attempt to fill the position with a suitably qualified and/or suitably experienced Australian citizen or permanent resident. Advertising or Labour Market Testing (LMT) has become a critical part of the TSS, 186 and 187 application process. Some people find the LMT requirements confusing. We have created an LMT table that we hope makes the LMT requirements clearer.
It is important to understand that Labour Market Testing is only one part of the nomination application process. Advertising does not in itself guarantee a positive nomination outcome. There are lots of other important factors to be taken into consideration!
1
The advertising must take place within the 4 months before the nomination application is lodged
2
If any Australian workers have been made redundant or retrenched during this 4-month period, the Department of Home Affairs decision makers are likely to request a detailed explanation.
3
If the advertising was paid advertising, the employer sponsor must provide:
  • Copies of the adverts
  • Copies of the invoices
4
If the advertising was unpaid, the employer sponsor must provide:
  • Copies of the adverts
5
The Department of Home Affairs should be provided with information about all other attempts made  to recruit Australians – other than advertising.
6
The employer sponsor must provide evidence that the nominated position was advertised in Australia, and that the adverts included:
  • Name of the employer sponsor AND/OR the name of the recruitment agency being used by the employer sponsor
  • The job title or a description of the position
  • The salary (or salary range) for the position if the annual earnings for the position are lower than AUD $96,400.
7
The employer sponsor is required to provide evidence of at least 2 advertisements published on any of the following mediums:
  • national recruitment website (with national reach), such as:
    • A prominent or professional recruitment website that advertises nationally
    • A well-known industry specific website relevant to the occupation
    • LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies or adverts promoted only to LinkedIn profile members are NOT acceptable for LMT purposes.
    • A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method of advertising for LMT putposes.
  • National print media
    • Print media with ‘national reach’ includes national newspapers or magazines that are published at least monthly and marketed throughout Australia.
  • National radio, or
    • Radio with ‘national reach’ includes radio programmes that are broadcast or syndicated nationally.
  • If the sponsor is accredited – on the business’ website.
8
Additional information on the advertising requirements:
The nominated position may be advertised in:
  • the same medium on separate occasions and with no overlap, or
  • any two different mediums simultaneously or
  • any two different mediums on separate occasions
  • 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 the radio, it is expected that applications or expressions of interest for the advertised position were able to be received and reviewed for at least 28 consecutive calendar days following the date of the advert.
  • Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, a recruitment agency) – there is no requirement that the sponsor places the advertisement.
9
A nomination application can be refused for a wide variety or reasons, which could include
  • the advertising undertaken does not appear to have been for the same position as that nominated;
  • the nominee advertised the position on behalf of the employer sponsor;
  • the salary advertised is significantly less than the salary offered to the nominee;
  • the nominee was offered the job and signed a contract before the advertising period expired.
10
A few matters to consider:
    • International trade obligations may preclude the need for advertising in some circumstances, which includes some intra-company transfers.
    • No advertising is required for the subclass 186 and 187 Temporary Residence Transition Stream nominations.
    • ** The LMT requirements are often less stringent for an RCB application. Employer sponsors may wish to consider adopting the TSS and 186 Direct Entry Stream LMT requirements for a 187 Direct Entry Stream nomination, especially where the nominee is onshore and is already working for the employer sponsor. The employer sponsor may find it difficult to explain why the position cannot be filled by an Australian citizen or permanent resident if the advertising is on the light side.
11
Please visit the Department of Home Affairs website for more information.
Please call us on (08) 9429 8860 or send a text message to 0402 514 741 (and make sure you include your email address) if you need advice about a TSS, 186 or 187 visa.
Alternatively, you may prefer to send a short message to our skilled migration team who will come back to you – usually within 24 hours.

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