Advertising when Sponsoring
LMT is the Department’s codeword for labour market testing. It simply means that you, as an employer must provide evidence that they have complied with the advertising requirement while sponsoring a foreign worker by testing the Australian labour market before giving a job to a foreigner.
The LMT Exception
Unless an International Trade Obligation (ITO) applies, you must provide evidence that you have met the advertising requirement for sponsoring a foreign worker by attempting to recruit a suitably qualified and experienced Australian worker for the nominated position. This is what the Department calls the Labour Market Testing (‘LMT’) requirement.
4 Week Rule for Advertising
To satisfy the LMT requirement, when you lodge the position nomination, you will need to provide evidence that you have advertised the position within the last 4 months, for a total period of at least four (4) weeks.
You will need to accept the applications or expressions of interest for the advertised position for the duration of four (4) weeks. The advertising does not need to be in consecutive weeks.
The LMT Checklist When Sponsoring!
The advertising must meet the following criteria:
- the nominated position must be advertised in Australia on a recruitment website with a national reach in Australia;
- on the Australian Government’s workforce Australia website:https://www.workforceaustralia.gov.au/ and
- at least TWO advertisements (paid or unpaid) are published (on a prominent or professional recruitment website with national reach, that publishes advertisements for positions throughout Australia).
If you, as an approved sponsor are an accredited sponsor, you can advertise the nominated position on your approved sponsor’s website.
Advertising Is Not Social Media!
The Department will accept advertising you place via an industry specific website.
That is, if they are relevant to the nominated occupation and are known to be used by the industry.
However, the Department does not accept classified websites and advertisements that only use social media notifications (e.g. Twitter or Instagram).
The LMT – LinkedIn Exception
LinkedIn’s online recruitment platform is acceptable, job vacancies restricted to LinkedIn profile members only are NOT acceptable.
Mind Your LMT Language
The language you use for the advertisement for the nominated position will need to be in English.
Details of the Position
Each advertisement intended for sponsoring a nominated position must include the following details in the position:
- title of the position or a description of the position
- skills and/or experience required for the position
- the salary for the position, if the intended annual earning for the nominated position is lower than $96,000
- the name of the sponsor, or if the sponsor has engaged a recruitment agency for the purposes of LMT, the name of the recruitment agency
When advertising at the time of sponsoring a foreign worker, you’ll need to show that only a sponsored worker can fill the role rather than any Australian or Australian Permanent resident.
Don’t Wing It
Keep records, screenshots and receipts, because as the employer, you’ll need to supply evidence of the advertising process to the Department to show that you met the criteria. Book in chat with me to discuss further.
Cross Your Heart
Following the end of the process, you, as the employer, will need to provide a brief statement of the results of the recruitment process to the Department.
This will include how many candidates (if any) you interviewed, and why they were deemed unsuitable.
How To Stuff Things Up
If you do not submit LMT evidence at the time of the position nomination application lodgement, the Department can refuse the application.
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