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Introduction of Labour Market Testing for 457 Nominations

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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