Subclass 482 and 494 Labour Market Testing
Employers in Australia who wish to sponsor foreign workers under the subclasses 482 or subclass 494 are required to comply with the labour market testing (LMT) requirements that are outlined in the legislation (LIN 18/036) for the nomination application unless there are international trade obligations or specific exemptions apply to them.
The labour market testing (LMT) requirement is one of the mandatory criteria that must be met for the nomination application. The company has to decide which ANZSCO occupation the worker should be nominated for, and the occupation must be on either the MLTSSL or the STSOL list.
The goal of labour market testing is to encourage employers to hire local workers unless they are unable to find an Australian worker with the necessary skills for that position.
How do I conduct the Labour Market Testing?
The MLT requires the company to post at least 3 job advertisements for the nominated occupation on the major job listing sites and the government’s workforce websites in Australia. The MLT ad must run for at least 4 weeks (28 days) after it is first published, and the advertising campaign can start 4 months before the nomination application date. It can be paid or unpaid advertising, but it must be in English.
To get the best results for the MLT, you should consider:
one advertisement post on workforceaustralia.gov.au, and
two advertisements post on either:
- seek.com.au (paid advertising)
- indeed.com (free and paid advertising)
- careerone.com.au (free and paid advertising)
- jora.com (free and paid advertising)
- any national radio advertisement program.
- any national printing advertisement program.
Note: if you are an accredited sponsor, the job advert can be posted on your website.
What information should be included in the job posting?
- The company’s name and a short description of the company.
- If the company is using a recruitment service, the ad should include the name of the agent and the name of the company offering the job.
- Job title and a description of the job, including what skills are needed, and qualifications and work experience.
- Employment type: full-time, working hours, the length of the job offers, and the location of the position.
- If the salary for the job is less than $96,400 per year, the salary must be listed in the ad.
- Details about how to apply for this job.
Labour Market Testing Alternative Requirements
Labour market testing (LMT) does not apply when an employer sponsors an overseas worker for a nomination position with an annual salary of $250,000 AUD or more, excluding superannuation. The MLT also does not apply to the occupations listed below, as well as occupations in relevant professional fields such as SPORT, ACADEMIC RESEARCH, and TOP-TALENT CHEF, where the position is in the international outstanding category.
MLT exemption occupation list:
- 411111 Ambulance Officer
- 411112 Intensive Care Ambulance Paramedic (Aus) / Ambulance Paramedic (NZ)
- 253112 Resident Medical Officer
- 253211 Anaesthetist
- 253311 Specialist Physician (General Medicine)
- 253312 Cardiologist
- 253313 Clinical Haematologist
- 253314 Medical Oncologist
- 253315 Endocrinologist
- 253316 Gastroenterologist
- 253317 Intensive Care Specialist
- 253318 Neurologist
- 253321 Paediatrician
- 253322 Renal Medicine Specialist
- 253323 Rheumatologist
- 253324 Thoracic Medicine Specialist
- 253399 Specialist Physicians nec
- 253411 Psychiatrist
- 253511 Surgeon (General)
- 253512 Cardiothoracic Surgeon
- 253513 Neurosurgeon
- 253514 Orthopaedic Surgeon
- 253515 Otorhinolaryngologist
- 253516 Paediatric Surgeon
- 253517 Plastic and Reconstructive Surgeon
- 253518 Urologist
- 253521 Vascular Surgeon
- 253911 Dermatologist
- 253912 Emergency Medicine Specialist
- 253913 Obstetrician and Gynaecologist
- 253914 Ophthalmologist
- 253915 Pathologist
- 253917 Diagnostic and Interventional Radiologist
- 253918 Radiation Oncologist
Who can be exempt from labour market testing?
LMT is exempt where an International Trade Obligation (ITO) applies. This applies under the following circumstances:
The nominee is a:
- citizen/national of China, Japan, Mexico, Thailand or Vietnam; or
- citizen/national/permanent resident of Canada, Chile, Korea, New Zealand or Singapore.
the nominee is a current employee of a company that is;
- an associated entity of the sponsor; and
- that associated entity is located in Canada, Chile, China, Japan, Korea, New Zealand or any ASEAN nation (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam);
The nominee is:
- a current employee of an associated entity of the sponsor’s business, and that associated entity operates in a WTO member country;
- nominated as an executive or senior manager, and
- will be responsible for the entire or a substantial part of the company’s operations in Australia.
LMT concessions under an ITO apply only to nomination applications submitted through the standard TSS visa programme and do not apply to nominations submitted through a labour agreement.
Frequently Asked Questions
The MLT evidence and supporting documentation must be submitted at the time of the nomination application.
As part of the TSS visa subclass 482 application process, certain primary TSS visa applicants must undergo a mandatory skills assessment. Check to see if a mandatory skills assessment is required or if you are exempt.
Yes, when applying for the subclass 482, primary visa applicants must meet certain minimum English language proficiency standards by taking and passing an English language test. Check to see if your TSS stream requires a mandatory English language test or if you are exempt.
The application process for TSS visa subclass 482 consists of three steps: sponsorship, nomination, and visa application. For more information on the TSS visa application process, please visit this page.
