Learn about Labour Market Testing for the 482 visa
What is Labour Market Testing (LMT)?
The Temporary Skill Shortage (TSS) 482 visa is a critical pathway for skilled workers to enter Australia. This visa entails three steps.
- The sponsoring business must apply to become a Standard Business Sponsor (if it isn’t already or if its five-year sponsorship period has lapsed)
- The employer must nominate an occupation for a prospective SC 482 visa applicant or an existing SC 482 visa holder
- The person nominated to work in the nominated occupation must apply for a SC 482 visa.
Labour Market Testing (LMT) is a vital component that is required during the second step, that is to lodge the nomination application to nominate an occupation for a SC 482 visa.
The core purpose of LMT is to ensure that there are no qualified Australians to fill that vacancy, and as such, foreign labour is not hired at the expense of Australian workers.
Key Timelines and Procedures for LMT
When planning to nominate an individual for the SC 482 visa, employers must be mindful of specific timelines. The LMT should be conducted within four months ending on the day the nomination application is lodged.
Channels for Advertising
The manner of advertising is crucial in meeting LMT requirements.
- Firstly, the job advertisement must be in English.
- Secondly, a minimum of two advertisements must be published on platforms with a national reach (e.g recruitment website, print media or radio). These websites could be Jora, Seek, Indeed, etc.
Essential Information in Advertisements
Each advertisement must comprehensively detail the job to attract suitable applicants. This includes:
- Title or description of the position
- Job tasks and duties
- Skills and experience required
- Name of the sponsoring employer
- Salary details, particularly if the annual earnings for the position are lower than AUD 96,400.
Duration of Advertisements
To provide ample opportunity for potential applicants, the sponsoring employer should accept applications or expressions of interest for at least four weeks after the advertisement was first published on each channel.
What evidence regarding the LMT is required?
The sponsoring employer must provide a written document including details of the number of applications received for each advertisement on the different channels and reasons why a suitably qualified and experienced Australian citizen or permanent resident, or eligible temporary visa holder is not suitable to fill the nominated position. Additionally, the submission must be accompanied by the advertisements which were published.
Why is LMT Crucial for Employers and Applicants?
For employers, adhering to LMT requirements is not just a procedural necessity, it demonstrates a commitment to prioritizing the local workforce. This aligns with the Australian government's policies and reflects positively on the company's reputation.
Prospective SC 482 visa applicants should understand that LMT is a key indicator of their potential employer's compliance with Australian immigration policies. It also signifies the genuineness of the job offer, ensuring that they are entering a fair and competitive job market.
Conclusion
Labour Market Testing is a pivotal aspect of the SC 482 visa application process, safeguarding the interests of Australian workers while providing opportunities for skilled overseas workers. Both employers and applicants must understand and adhere to these requirements to ensure a smooth and compliant visa application journey.
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