Labour Market Testing (LMT) for 482 & 494 Visa

In Summary:

Before a business can sponsor someone for a skilled visa, they often need to show that:

• They genuinely tried to hire Australians first.
• They followed all the rules about how and when to advertise the job.
• No suitable local worker is available.

If those steps are done properly, and no locals can fill the job, the sponsorship can go ahead — unless an international agreement says LMT isn’t required.

When Should LMT Be Done?

"The Minister may... determine a period... [that] must not start earlier than 4 months before the nomination is received..."

• The government (the Minister) decides how recent the job advertising (LMT) must be.
• Ads cannot be older than 4 months from the date the employer submits the sponsorship/nomination.

What If the Business Recently Fired or Laid Off Workers?

"If there have been redundancies... the LMT must be done after those redundancies..."

• If any Australians were made redundant or retrenched (lost their jobs) from similar roles recently, then the business must advertise the job again after those layoffs — not before.

How Must LMT Be Done?

"The Minister may... determine the manner..."

The Minister can decide how exactly the job must be advertised. This includes:

• 🗣 Language: The ad must be in English (unless otherwise specified).
• 📢 Where/How: The ad must be posted in specific ways (e.g., job websites, newspapers, etc.).
• 📆 When: The ad must be posted within a specific timeframe.
• ⏳ How Long: Ads must run for at least 4 weeks.

How Should the Job Ad Look?

"Advertising... must be likely to inform suitable Australians... and show skill/experience requirements..."

• The ad should be realistic and clear, so that qualified Australians know about it.
• It must include what skills or experience are needed — not be vague or misleading.

What Kind of Proof Must Be Provided?

"The Minister may... determine kinds of evidence... including a copy of the ad..."

• The employer must include proof that they did the LMT properly.
• This could be:
  • A copy of the ad,
  • Screenshots,
  • Details about where and when the ad was posted.

Different Rules for Different Jobs

"The Minister may prescribe different manners or evidence for different nominated positions..."

• The rules and evidence may vary depending on the type of job being nominated.
  • For example, a highly specialised position might have different advertising rules than a general trade occupation.

🔚 Summary:

When a business wants to sponsor a foreign worker:

• They must advertise the job in Australia first, following specific rules.
• The ads must be:
  • Recent (within 4 months),
  • Clear and honest about the job,
  • Targeted to reach qualified Australians,
  • Published for at least 4 weeks.
• If there were layoffs, the advertising must happen after that.
• The business must provide proper proof of all advertising done.