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New Labour Market Testing Requirements

by | Dec 20, 2023 | Migration

Labour market testing, or what is more commonly known as LMT, refers to the process in which employers are required to demonstrate that no suitable Australian citizen or permanent resident is available and suitable to fill a particular position within their business before sponsoring an overseas worker to fill an available role on a Subclass 482 visa.

The kind of evidence required to sponsor an overseas worker in order to fill the role involves advertising the position. The advertisements must strictly meet the Department of Home Affairs’ (DHA) regulatory guidelines before the overseas worker who is identified as suitable for the role can be sponsored by the business and consequently, employed by them on a Subclass 482 visa. It is important to closely observe these requirements in every Subclass 482 business nomination application or the application risks refusal and can significantly delay onboarding the identified candidate.

As of 11 December 2023, the DHA have reduced the number of required advertisements from x3 job postings to now only x2 being required. Not only this, but of the x2 advertisements that must be posted, one of these no longer needs to be on the Workforce Australia website, a formerly mandatory requirement. We have summarised these important and welcome changes below.

Changes to LMT Requirements

  1. Sponsoring Employer must advertise the position on x2 platforms with national reach.
  2. The Workforce Australia Job Board is no longer a mandatory platform for the posting.

Companies required to undertake labour market testing will still be required to meet strict requirements for the features in each of the two advertisements including advertisement duration, salary, employment capacity, location and more. This also impacts other documents required such as when an employment contract can be signed. Our firm specialises in employer sponsored visa requirements. If you would like advice on company compliance, feel free to contact our office via our contact details below.

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Nevett Ford Lawyers Melbourne

 

Telephone: +61 3 9614 7111

 

Email: melbourne@nevettford.com.au

 

Visit our website: www.nevettford.com.au