Labour Market Testing remains one of the most common problem areas in employer-sponsored nominations. Home Affairs says employers generally need to test the local labour market before nominating a worker, and this guidance explains this in practical terms as advertising the position in Australia for at least 4 weeks in at least 2 advertisements, unless an exemption applies.
The most common mistake is treating LMT as a formality. In reality, it is one of the first areas a case officer can examine closely. Problems often arise where the advertising dates do not line up properly, the role advertised does not clearly match the nominated role, or the employer has not kept the right documentary evidence.
There are also limited exemptions, including where Australia has waived LMT under certain international trade obligations, so it is important not to assume that every case is treated the same. For employers dealing with repeat sponsorships, it is especially important to check the position afresh each time rather than assuming that last year’s advertising evidence can simply be reused.
This is also the right place to refer readers to your employer factsheet. A practical line would be: Labour Market Testing can be more technical than employers expect, so we have prepared a factsheet to help businesses understand the advertising rules, timing requirements and common pitfalls. Download here.
