A new legislative instrument, in this case a Proclamation/Commencement of Act  [F2013L01915]Migration Amendment (Temporary Sponsored Visas) Commencement Proclamation 2013, fixes 23 November 2013 as the day on which labour market testing commences.From 23 November 2013, labour market testing will be required to be undertaken by standard business sponsors prior to nominating an overseas worker for a Subclass 457 visa.

What labour market testing is required?

The Explanatory Memorandum accompanying the legislative instrument states:
Sponsors will be required to provide evidence of their attempts to recruit suitably qualified and experienced Australian citizens or Australian permanent residents to the position, specifically details of any advertising (paid or unpaid) of the position or any other similar position.

There are, as yet, no further instructions on what the advertising must be. The Department, in discussions with the MIA, has said that this will not be an onerous requirement, and that it would probably be sufficient to provide evidence of advertisements placed in newspapers or on job search websites.

The Department has further said that it would expect the advertisements to be what a business would normally do when attempting to recruit workers, and that they would expect that to include advertising.

Further details about advertising are expected to be in a subsequent legislative instrument.


1. Labour market testing will not apply where it would be inconsistent with Australia’s international trade obligations. At this stage the extent of those has not been announced;
2. Where a major disaster has occurred in Australia and the exemption is necessary or desirable in order to assist disaster relief or recovery;
3. The Minister may specify, by way of legislative instrument, the nominated occupation based on skill and occupation. There is as yet no legislative instrument.

The MIA will advise members as soon as the subsequent legislative instrument, containing further details about advertising requirements and exemptions is announced. That is expected to be sometime this week.