Labour Market Testing That Survives Scrutiny: The Advertising Rules Employers Get Wrong

Labour Market Testing has a deceptive quality: it looks like an administrative box — run some ads, screenshot them, lodge. In practice, LMT defects are among the most common reasons otherwise strong 482 nominations are refused, and almost every defect falls into a handful of patterns that are completely avoidable if you know the rules before the ads go live. Not after.

What LMT is actually testing

The requirement sits in section 140GBA of the Migration Act 1958, with the operational detail — period, platforms, ad content, recency — set by legislative instrument. Its purpose is not paperwork; it is a genuine test of whether an Australian citizen or permanent resident could readily fill the role. Case officers read the advertising with that purpose in mind, which is why tokenistic campaigns fail even when they technically ran. Our full Labour Market Testing guide covers the framework; this article is about the specific mistakes.

Mistake 1: the ad period — too short, or gone stale

The position must be advertised for at least the minimum period set by the current instrument — historically 28 calendar days — and the campaign must fall within the required recency window before the nomination is lodged. Employers fail this in both directions: pulling an ad down a few days early once a candidate is identified, or running a compliant campaign and then letting months drift past until it is stale at lodgement. Because these settings are revised from time to time, verify the current period and window with the Department of Home Affairs before advertising — then diarise both the run dates and the lodgement horizon.

Mistake 2: leaving out the salary

The advertisement must state the salary or salary range, subject to the rules on how salary may be expressed, along with the position details and the identity of the approved sponsor or recruiting agency. “Competitive remuneration” is not a salary. An ad that ran for the full period on the right platform but omitted salary is still defective — and it can’t be fixed retrospectively, only re-run.

Mistake 3: the wrong platform

The advertising must appear on the channels permitted by the current instrument — typically prominent recruitment platforms with national reach, in some cases alongside the employer’s own channels. A post in a closed community group, on a personal social media account, or on a niche site outside the approved channels generally does not count, regardless of how many people saw it. Check the approved-channel rules in force at the time you advertise; the list is updated.

Mistake 4: the ad doesn’t match the nomination

The role advertised must be the role nominated. When the ad says one title, the position description says another, and the nomination form says a third — or the advertised duties and salary diverge from what is ultimately nominated — the case officer is entitled to conclude the market was never tested for the actual position. This consistency runs wider than LMT: the ad, the position description, the genuine position statement and the contract are read together, and contradictions between them are how genuine-position doubts start.

Mistake 5: ignoring the applicants

A genuine test means genuinely receiving and considering applications. Keep a record of every applicant and the documented outcome — why a suitable local candidate was or wasn’t available. If a suitable Australian applies, that is a real recruitment outcome the employer must confront, not screen out. Advertising engineered to deter local applicants — impossible requirement stacking, obscure phrasing — undermines the integrity of the entire nomination.

Mistake 6: running perfect ads and keeping no proof

The decision-maker never saw your ads run; they see your evidence. Screenshots or copies showing the platform, the complete ad content, the dates it ran, and the applicant outcomes, compiled into a coherent LMT evidence report — that is what the case officer relies on to be satisfied LMT was met. Employers who advertised flawlessly but kept fragmentary records end up in the same refusal pile as those who never advertised properly at all. Capture evidence while the campaign runs; platforms delete expired listings.

Get the campaign right before it starts

Every mistake above shares one property: it is cheap to prevent and expensive to discover at refusal — where the 21-day review deadline starts running immediately. Before the first ad goes live, work through our step-by-step guide to writing a compliant LMT advertisement, and see how the evidence report fits into the wider 482 nomination document set. Whether LMT applies to your specific nomination, and what the current instrument requires, is a matter for advice on the facts — and no nomination outcome can be guaranteed (s 15, Migration (Migration Agents Code of Conduct) Regulations 2021).

This article is general information about Labour Market Testing as at the date above — not migration advice for any specific matter. LMT settings are set by legislative instrument and change; verify current requirements with the Department of Home Affairs before advertising or lodging. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a consultation — contact WIDEN.

Common questions

What is Labour Market Testing for the 482 visa?

Labour Market Testing (LMT) is the requirement in section 140GBA of the Migration Act 1958 that an employer genuinely test the local labour market — by advertising the role in Australia on approved channels for the required period — before nominating an overseas worker. It demonstrates the position could not readily be filled by an Australian citizen or permanent resident.

How long must the job be advertised?

At least the minimum period set by the current legislative instrument — historically 28 calendar days — with the advertising falling within the required recency window before the nomination is lodged. The settings are revised from time to time, so verify the current period and window with the Department of Home Affairs before advertising.

Does the LMT ad have to state the salary?

The advertisement must state the salary or a salary range, subject to the rules on how salary may be expressed. Leaving salary out is one of the most common defects, and it is fatal to the ad no matter how long it ran.

What LMT evidence must be kept?

Evidence of the platform, the full ad content, the dates it ran, and the applications received and their outcomes — compiled into an LMT evidence report supporting the nomination. Missing or incomplete evidence is a frequent and entirely avoidable refusal trigger.

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