Skip to content

Labour Market Testing for Employer Visas

Labour Market Testing for Employer Visas

Labour Market Testing (LMT) refers to the process of assessing the Australian job market to determine if there are any suitable local candidates available to fill a particular job vacancy. The purpose of LMT is to ensure that employers are genuinely seeking to hire foreign workers only when no suitable Australian candidates are available. This is an essential requirement for many employer visa applications in Australia.

The Purpose of Labour Market Testing

The primary goal of Labour Market Testing is to protect the interests of Australian workers by ensuring that they are given priority in the job market. By conducting LMT, the Australian government aims to verify that employers have made genuine and diligent efforts to recruit local employees before considering overseas candidates.

Labour Market Testing helps maintain the integrity of the temporary and permanent visa programs by ensuring that employers are not using foreign workers as a means to avoid hiring Australians or to undercut local wages and working conditions.

For many Australian visa subclasses, such as the Temporary Skill Shortage (TSS) Visa and the Employer Nomination Scheme (ENS), LMT is a mandatory requirement. As an applicant, you’re required to supply evidence that your employer (sponsor) has conducted LMT as part of the visa application process.

 The Requirements of LMT

The process of Labour Market Testing typically involves the following steps:

The business sponsor (employer) must advertise the job vacancy in Australia using appropriate channels such as online job boards, professional networking platforms, and print media. The advertisements should include essential details about the job, such as the position title, required skills and qualifications, and the salary or salary range.

The advertisement must be live for a specified period (usually at least four weeks), to allow sufficient time for interested Australian candidates to apply for the position.

It’s important to note that LMT must be conducted no more than four months prior to lodging the visa application. This ensures that the results of the testing are current and reflect the genuine efforts made by the employer to hire locally.

The employer must maintain comprehensive records of the recruitment process, including the resumes and cover letters of Australian applicants, any interviews conducted, and the reasons for not selecting any local candidates. These records will be required as supporting evidence during the visa application process.

Documentation Needed for LMT

When applying for an Australian visa that requires LMT, you’ll need to provide various documents related to the Labour Market Testing process. These documents may include:

  • Copies of the job advertisements posted by your employer, including details of where and when they were published.
  • Proof of the duration the job vacancy was advertised, such as screenshots of online job postings or copies of print media advertisements.
  • Copies of the resumes and cover letters received from Australian applicants, along with any interview notes and feedback.
  • A statement from the employer outlining the reasons why no suitable Australian candidates were selected for the position.

Criteria for Successful Labour Market Testing

For your LMT to be deemed successful, it must meet certain criteria established by the Australian government. This includes:

  • Demonstrating the job advertisement was genuine, transparent, and easily accessible to potential candidates.
  • Providing evidence that the recruitment process was fair and unbiased, and that all applicants, were given an equal opportunity to apply for the position.
  • Showing that the employer has made genuine and diligent efforts to recruit Australian candidates, but none were found to be suitably qualified or available for the role.

We offer packages to employers relating to Labour Market Testing. If you require assistance with the LMT process, contact our team today.