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Recruitment

Labour market testing requirements for appointing non-Australian residents

To appoint a highly skilled candidate who does not hold an Australian citizenship, permanent residency or another qualifying visa type, it may be necessary to satisfy the
Department of Immigration and Citizenship (DIAC) labour market testing requirements.

DIAC requirements apply to academic positions below Lecturer level B and Research Fellow level B. They also apply to all general positions except if the position belongs to an occupation group on the Migration Occupations in Demand list or where a special exemption has been granted by DIAC.

The DIMA website contains details regarding employment of staff from overseas or temporary residents already in Australia, however a summary of the labour market testing requirements is provided below.

Under the Employer Nomination Scheme, where an employer nominates to sponsor an individual in their employment, the employer should show that they have been unable to find an Australian citizen or resident who is suitable for the appointment.

They must provide evidence of having tested the Australian labour market within the six months immediately prior to lodging a nomination with DIMA. The employer should have tested the labour market in at least two of the following ways:

  • advertising in professional or trade journals and, where appropriate, the internet
  • lodging the position as a vacancy with a 'job placement' service provider
  • receiving advice from a recognised professional or industrial body acceptable to the Department of Employment and Workplace Relations (DEWR) on the availability of specialist skills
  • advertising in a Saturday and a weekday edition of both a metropolitan (The Age) and a national (The Australian) daily newspaper (a total of four separate advertisements)

The advertisements must accurately reflect the duties of the position, salary and other benefits offered as described in the nomination form.

They must be prominently displayed so as to attract a maximum response. Employers should give details of unsuccessful Australian applicants and why they were not selected to DIMA.

Labour market testing is waived for occupations on the Migration occupations in demand list (MODL). The MODL lists occupations in which qualified employees are known to be currently in short supply in Australia.

Additionally, under certain circumstances, DIMA may waive the standard labour market testing requirements described above. An employer seeking such a waiver should provide a submission to DIMA showing why labour market testing would have no effective result in filling the vacancy.

Information regarding visas for academic staff can be found at Immigration requirements.