Changes to LMT Requirements


Changes to LMT Requirements

New LMT Requirements

The changes implemented are only affected from on or after 12th August 2018.

From 12th of August 2018, the following changes have been implemented for the Labour Market Testing:

  • Labour Market Testing has to be done for a minimum of 4 weeks
  • The testing has to be undertaken in the four months immediately before the application lodgement
  • Salary must be advertised unless it is higher than 96,400
  • The required skills and experience must be advertised
  • Alternative arrangements are available for positions annual earnings over $250,000
  • Advertisements are considered only if it is advertised on the prominent or professional recruitments websites such as seek, job active and so on
  • Industry-specific recruitment sites which are insignificant use are considered
  • LinkedIn online recruitment platform is considered as far it is not restricted for limited profile viewers only
  • No requirement that the job advertisement has to be provided by the employer only.
  • Gumtree and social media job notification are not acceptable.

Below is a comparison chart of the old and new requirements:

Setting

As at 11 August 2018

From 12 August 2018

Duration of LMT

  • Minimum of 21 consecutive calendar days
  • Minimum of Four weeks

Period of LMT

  • Six months before lodgement
  • Four months since redundancies
  • Four months immediately prior to lodgement
  • Four months since redundancies

Method of Advertising 

  • At least two advertisements required 
  • Recruitment website with national reach (including LinkedIn recruitment platform)
  • Industry-focused recruitment websites 
  • Business website of accredited sponsors 
  • Print media/radio with national reach
  • At least two advertisements required 
  • Recruitment website with national reach (including LinkedIn recruitment platform)
  • Industry-focused recruitment websites 
  • Business website of accredited sponsors 
  • Print media/radio with national reach

Information required in the advertisement 

  • Position title/description 
  • Salary (unless higher than $145,400)
  • Company/recruitment agency (company name need not be disclosed if using a recruitment agency) 
  • Must be in English
  • Position title/description 
  • Salary (unless higher than $96,400) 
  • Company/recruitment agency (company name need not be disclosed if using a recruitment agency)
  • Skills or experience requirements
  • Must be in English

Evidence requirements 

  • Fees paid (if any) 
  • Copy of advertisements 
  • For positions subject to alternative requirements – a submission explaining why an Australian worker is not
  • Copy of advertisements 
  • For positions subject to alternative requirements – a submission explaining why an Australian

Positions subject to alternative requirements

  • Where the new nomination is required for existing visa holder because of change in business structure or pay 
  • Internationally recognised record of exceptional achievement in a profession or field, e.g., a sport; academia and research; top-talent chef
  • Intra-corporate transferees
  • Where a new nomination is required for an existing visa holder because of a change in business structure or pay 
  • Internationally recognised record of exceptional achievement in a profession or field, e.g., a sport; academia and research; top-talent chef
  • Intra-corporate transferees 
  • Positions where annual earnings are $250,000 or more

Exemption to LMT requirement

  • Exemption where international trade obligation applies
  • Exemption where international trade obligation applies