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 |
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