Labour Market Testing for Subclass 482 and 186 Employer-Sponsored Nominations

When LMT is mandatory

Labour Market Testing (LMT) is a mandatory requirement for most nominations under Subclass 482 (Skills in Demand) as outlined in s 140GBA of the Migration Act 1958 (Cth). This requirement ensures that employers have genuinely attempted to find a suitable Australian worker before sponsoring a foreign national. Employers must demonstrate that a suitably qualified Australian worker was not readily available to fill the nominated position. National Employment Standards: 11 entitlements deep dive

Generally, LMT is not required for Subclass 186 (Employer Nomination Scheme) nominations, regardless of whether the application is made through the Direct Entry, Temporary Residence Transition (TRT) or Labour Agreement streams. This reflects the intended purpose of these visa subclasses, which often target skilled professionals and businesses with specific needs.

To satisfy the LMT requirement where it applies, sponsors must provide evidence of advertising the position. Crucially, this advertising must be completed *before* the nomination is lodged; any advertising undertaken after lodgement will not be considered.

Advertising channels and duration

Advertising for Labour Market Testing requires employers to place at least two advertisements on platforms with national reach. Acceptable platforms include SEEK, Indeed, LinkedIn Jobs and the Government's Workforce Australia (formerly JobActive) job board. Print media, social media-only and recruitment agency advertising are generally not sufficient on their own. Casual employee definition: section 15A Fair Work Act

Each advertisement must be active for a minimum of four weeks (28 days). These advertisements must be placed within the four months immediately preceding the nomination lodgement date.

Advertisements must include specific details about the position being offered. This includes the position title, the skills required, the location of the position, and a salary range.

Evidence required at nomination

At nomination, sponsors must provide evidence of Labour Market Testing (LMT). This evidence is submitted via ImmiAccount, within the Standard Business Sponsor nomination form. The required documentation includes copies of all advertisements used to seek a suitable Australian citizen, permanent resident, or New Zealander. These advertisements must clearly display the job title, description, salary, location, and the dates and platform on which they were advertised.

Sponsors must also provide evidence of the recruitment outcome. This includes details such as the number of applicants received and a clear explanation of why none were deemed suitable for the nominated position. Failure to provide sufficient LMT evidence is a frequent cause of refusal for Subclass 482 nominations. Sponsors should be aware of their obligations under the Sex Discrimination Act 1984: overview when conducting recruitment.

Following nomination, sponsors are required to retain all LMT evidence for a minimum of five years to satisfy sponsor record-keeping obligations.

Exemptions for international trade obligations

Labour Market Testing (LMT) requirements may be waived where fulfilling them would contravene Australia’s international trade obligations. These exemptions are designed to ensure compliance with international agreements and commitments. Working Holiday Maker tax and super (417/462) arrangements are not relevant to these exemptions.

Specific exemptions apply to citizens of World Trade Organisation (WTO) member countries who were already employed by an Australian associated entity for a minimum of two years immediately prior to the nomination. Furthermore, citizens of countries with relevant Free Trade Agreements (FTAs) – such as Japan, Korea, Singapore, Chile, and Thailand – are eligible for exemptions relating to certain skilled occupations listed within those agreements.

To benefit from these exemptions, the employer must explicitly claim the exemption within the nomination application and provide supporting evidence. The exemption is not applied automatically; it requires active assertion and substantiation by the nominating employer. Major Investment Stream nominations under labour agreements may also be exempt from LMT requirements.