Introduction of Labour Market Testing for 457 Nominations  

25th November 2013 - From 23rd November 2013, the Department of Immigration and Border Protection ("DIBP”) will introduce Labour Market Testing ("LMT”) under reforms to the 457 visa program introduced to Parliament on June 28th 2013, prior to the change of government.

LMT is evidence that the sponsor has made an attempt to recruit Australian labour before turning to the 457 visa program for a sponsored worker. Thankfully, the DIBP have tried to minimise the ‘red tape’ that employers will face in implementing this legislation and will recognise a broad range of recruitment activity as being an acceptable demonstration of LMT, and the time period in which labour market testing evidence will be valid for will be 12 months.

Who must provide evidence of LMT?

Any 457 sponsor submitting a new nomination or a nomination transfer request under the 457 visa program for the occupations listed below, unless:

  • The worker you nominate is a citizen of Chile or Thailand, or is a Citizen/Permanent Resident of New Zealand.
  • The worker you nominate is a current employee of a business that is an associated entity of your business that is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile or New Zealand.
  • The worker you nominate is a current employee of an associated entity of your business who operates in a country that is a member of the World Trade Organisation, where the nominated occupation is listed below as an "Executive or Senior Manager” and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia.
  • Your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an "Executive or Senior Manager”.
  • The worker you nominate is a citizen of a World Trade Organisation member country and has worked for you in Australia on a full-time basis for the last two years.

How does a sponsor demonstrate they have completed LMT?

To evidence that a sponsor has completed their LMT, they will be required to show evidence of your attempts to recruit Australian workers, including details and expenses of any advertising you conducted.

LMT must have taken place within the previous twelve months prior to lodging a nomination.

You may complete the Domestic Recruitment Table as evidence of your recruitment activities (available from Milestone).

Alternatively, you can provide other information and evidence about your attempts to recruit Australians, such as labour market research, expressions of support from government employment agencies or information about your participation in job and career expositions.

If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments. You must have undertaken labour market testing after the time of that retrenchment or redundancy and provide information and evidence of labour market testing with your nomination.


List of occupations requiring Labour Market Testing to be demonstrated:


Occupation

ANZSCO Code

Engineering Manager

133211

Nursing Clinical Director

134212

Ship's Engineer

231212

Chemical Engineer

233111

Materials Engineer

233112

Civil Engineer

233211

Geotechnical Engineer

233212

Structural Engineer

233214

Transport Engineer

233215

Electrical Engineer

233311

Electronics Engineer

233411

Industrial Engineer

233511

Mechanical Engineer

233512

Production or Plant Engineer

233513

Mining Engineer (Excluding Petroleum)

233611

Petroleum Engineer

233612

Aeronautical Engineer

233911

Agricultural Engineer

233912

Biomedical Engineer

233913

Engineering Technologist

233914

Environmental Engineer

233915

Naval Architect

233916

Engineering Professionals nec

233999

Midwife

254111

Nurse Manager

254311

Nurse Practitioner

254411

Registered Nurse (Aged Care)

254412

Registered Nurse (Child and Family Health)

254413

Registered Nurse (Community Health)

254414

Registered Nurse (Critical Care and Emergency)

254415

Registered Nurse (Developmental Disability)

254416

Registered Nurse (Disability and Rehabilitation)

254417

Registered Nurse (Medical)

254418

Registered Nurse (Medical Practice)

254421

Registered Nurse (Mental Health)

254422

Registered Nurse (Perioperative)

254423

Registered Nurse (Surgical)

254424

Registered Nurse (Paediatrics)

254425

Registered Nurses nec

254499

Telecommunications Engineer

263311

Telecommunications Network Engineer

263312

Electronic Engineering Draftsperson

312411

Mechanical Engineering Draftsperson

312511

Building and Engineering Technicians nec

312999

Automotive Electrician

321111

Motor Mechanic (General)

321211

Diesel Motor Mechanic

321212

Motorcycle Mechanic

321213

Small Engine Mechanic

321214

Blacksmith

322111

Electroplater

322112

Farrier

322113

Metal Casting Trades Worker

322114

Metal Polisher

322115

Sheetmetal Trades Worker

322211

Metal Fabricator

322311

Pressure Welder

322312

Welder (First Class)

322313

Aircraft Maintenance Engineer (Avionics)

323111

Aircraft Maintenance Engineer (Mechanical)

323112

Aircraft Maintenance Engineer (Structures)

323113

Fitter (General)

323211

Fitter and Turner

323212

Fitter-Welder

323213

Metal Machinist (First Class)

323214

Textile, Clothing and Footwear Mechanic

323215

Metal Fitters and Machinists nec

323299

Engraver

323311

Gunsmith

323312

Locksmith

323313

Precision Instrument Maker and Repairer

323314

Saw Maker and Repairer

323315

Watch and Clock Maker and Repairer

323316

Engineering Patternmaker

323411

Toolmaker

323412

Panelbeater

324111

Vehicle Body Builder

324211

Vehicle Trimmer

324212

Vehicle Painter

324311

Bricklayer

331111

Stonemason

331112

Carpenter and Joiner

331211

Carpenter

331212

Joiner

331213

Floor Finisher

332111

Painting trades workers

332211

Glazier

333111

Fibrous Plasterer

333211

Solid Plasterer

333212

Roof Tiler

333311

Wall and Floor Tiler

333411

Plumber (General)

334111

Airconditioning and Mechanical Services Plumber

334112

Drainer

334113

Gasfitter

334114

Roof plumber

334115

Electrician (General)

341111

Electrician (Special Class)

341112

Lift Mechanic

341113

Airconditioning and Refrigeration Mechanic

342111

Electrical Linesworker

342211

Technical Cable Jointer

342212

Business Machine Mechanic

342311

Communications Operator

342312

Electronic Equipment Trades Worker

342313

Electronic Instrument Trades Worker (General)

342314

Electronic Instrument Trades Worker (Special Class)

342315

Cabler (Data and Telecommunications)

342411

Telecommunications Cable Jointer

342412

Telecommunications Linesworker

342413

Telecommunications Technician

342414

Baker

351111

Pastrycook

351112

Butcher or Smallgoods Maker

351211

Cook

351411

Dog Handler or Trainer

361111

Horse Trainer

361112

Zookeeper

361114

Kennel Hand

361115

Animal Attendants and Trainers nec

361199

Shearer

361211

Veterinary Nurse

361311

Florist

362111

Gardener (General)

362211

Arborist

362212

Landscape Gardener

362213

Greenkeeper

362311

Nurseryperson

362411

Hairdresser

391111

Print Finisher

392111

Screen Printer

392112

Graphic Pre-press Trades Worker

392211

Printing Machinist

392311

Small Offset Printer

392312

Canvas Goods Fabricator

393111

Leather Goods Maker

393112

Sail Maker

393113

Shoemaker

393114

Apparel Cutter

393211

Clothing Patternmaker

393212

Dressmaker or Tailor

393213

Clothing Trades Workers nec

393299

Upholsterer

393311

Cabinetmaker

394111

Furniture Finisher

394211

Picture Framer

394212

Wood Machinist

394213

Wood Turner

394214

Wood Machinists and Other Wood Trades Workers nec

394299

Boat Builder and Repairer

399111

Shipwright

399112

Chemical Plant Operator

399211

Gas or Petroleum Operator

399212

Power Generation Plant Operator

399213

Jeweller

399411

Broadcast Transmitter Operator

399511

Camera Operator (Film, Television or Video)

399512

Light Technician

399513

Make Up Artist

399514

Musical Instrument Maker or Repairer

399515

Sound Technician

399516

Television Equipment Operator

399517

Performing Arts Technicians nec

399599

Signwriter

399611

Diver

399911

Optical Dispenser

399913

Optical Mechanic

399914

Plastics Technician

399916

Wool Classer

399917

Fire Protection Equipment Technician

399918

Technicians and Trades Workers nec

399999

Diversional Therapist

411311

Enrolled Nurse

411411

Mothercraft Nurse

411412

Defence Force Member – Other Ranks

441111

Emergency Service Worker

441211

Fire Fighter

441212

Prison Officer

442111

Driving Instructor

451211

Funeral Workers nec

451399

Flight Attendant

451711

Travel Attendants nec

451799

First Aid Trainer

451815

Diving Instructor (Open Water)

452311

Gymnastics Coach or Instructor

452312

Horse Riding Coach or Instructor

452313

Snowsport Instructor

452314

Swimming Coach or Instructor

452315

Tennis Coach

452316

Other Sports Coach or Instructor

452317

Dog or Horse Racing Official

452318

Sports Umpire

452322

Other Sports Official

452323

Footballer

452411

Golfer

452412

Jockey

452413

Sportspersons nec

452499

Insurance Investigator

599611

Insurance Loss Adjuster

599612

Insurance Risk Surveyor

599613

Clinical Coder

599915

Auctioneer

611111

Stock and Station Agent

611112

Insurance Agent

611211

Business Broker

612111

Property Manager

612112

Real Estate Agent

612114

Real Estate Representative

612115

Retail Buyer

639211

Wool Buyer

639212

Driller

712211