Understanding Labour Market Testing requirements for Australian employer-sponsored visas. Ensure compliance and successfully sponsor overseas workers.
Advertise on multiple platforms
Continuous advertising period
National job website required
Consider all applicants fairly
Key requirements for compliant Labour Market Testing
Where to advertise for compliant Labour Market Testing
Primary advertising platform requirement
Recommended for specialized positions
Additional advertising options
Some circumstances may exempt employers from LMT requirements
Workers from certain countries may be exempt under trade agreements (e.g., Chile, China, Japan, South Korea, Thailand)
Some labour agreements have modified LMT requirements or exemptions
Executives and senior managers being transferred within a company
Some occupations on the Priority Migration Skilled Occupation List may have reduced requirements
Steps to complete Labour Market Testing
Review the position to ensure it meets the genuine need for a skilled worker.
Draft job advertisements that accurately reflect the position, duties, and market salary.
Post on at least 2 platforms including a national job website for minimum 4 weeks.
Fairly consider all Australian applicants who meet the genuine requirements.
Keep records of all applications received and reasons for non-selection.
Submit nomination application with evidence of LMT compliance.
Labour Market Testing has strict timing requirements:
Advertising Duration
4+ weeks
Valid for Nomination
4 months
(from end of advertising)
Labour Market Testing is a requirement for employers to demonstrate they have genuinely tested the Australian labour market and could not find a suitable Australian citizen or permanent resident for the position before sponsoring an overseas worker.
Advertisements must be published for a minimum of 4 weeks (28 days) continuously. The advertising must have occurred within 4 months before lodging the nomination application.
Labour Market Testing is typically required for Temporary Skill Shortage (TSS) visa subclass 482 (Medium-term stream), and some nomination streams for the Employer Nomination Scheme (ENS) visa subclass 186.
Yes, exemptions may apply under international trade obligations, certain labour agreements, intra-company transfers, or for specific occupations. Workers from countries with Free Trade Agreements may also be exempt.
Employers should retain copies of all job advertisements, screenshots with dates, details of where and when advertised, a summary of applications received, and reasons why Australian applicants were not suitable.
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