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Labour Market Testing (LMT) Requirements: TSS Visa (Subclass 482)


Written By Thanushki Kankanange
Fri, Jul 27, 2018
Thanushki Kankanange

Please click here for current LMT requirements in effect from 12 August 2018.

On March 2018, the Department of Home Affairs introduced new requirements relating to mandatory Labour Market Testing (LMT), which now applies to nominations, made by approved Australian Employer Sponsors, against which TSS (subclass 482) applicants must lodge their visa applications.

A summary of the new requirements are as follows:

  • 2 Advertisements must be placed on a recruitment website, print media or radio, with a national reach.
  • For example, recruitment websites such as Indeed (https://au.indeed.com/) and Jobactive ( https://jobsearch.gov.au/employers/job) can be used. Both these platforms offer free advertising.
  • The Advertisements must be in English and include the following information:
    • Name of Position
    • Name of the business Sponsor or Recruitment Agency
    • Position Description
    • Salary on offer (a salary range is acceptable)
  • The Advertisements need to run for at least 21 (consecutive) calendar days, within the last six months.

In circumstances where an employer engages a recruitment consultant to source suitable candidates for the vacant position, a copy of a signed contract, between the sponsor and the recruitment consultant firm, along with a copy of the relevant advertisement placed by the recruitment consultant may also be provided.   

Ads placed by a recruitment agency, on behalf of an employer sponsor, must also be in the same format as outlined above.

Sample Advertisement

Sample Job Add for Labour Market Testing

Note: at this stage, there is no requirement for the sponsor to provide evidence of the results of the required Labour Market Testing (LMT), to the Department of Home Affairs.

Exemptions

Under certain circumstances, Employer sponsors may be exempt from having to meet the new Labour Market Testing (LMT), requirements, under any of the following scenarios:

  • The nominee is a Citizen/national of China, Japan or Thailand; or citizen/national/permanent resident of Chile, Korea, New Zealand or Singapore.
  • Current employee of an associated entity in an ASEAN country
  • Current employee of an associated entity in a WTO country and position is “Executive or Senior Manager” responsible for the entire or substantial part of company’s operations in Australia
  • “Executive or Senior Manager” seeking to establish a business in Australia as a branch of business which operates in a WTO country
  • Citizen of a WTO member country who has worked in the nominated position in Australia full-time for the last two years.

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