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Category A · Workshop · 1 CPD point1 hour

Labour Market Testing & Compliance

Compliance, evidence and practice under the Skills in Demand framework

Labour Market Testing sits at the heart of most Skills in Demand nominations. This workshop takes participants through s 140GBA of the Migration Act 1958 and the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 as currently compiled: when LMT is required and the four-month window, the redundancy and retrenchment rules, select occupations and positions, the advertising obligation (language, method, channels, content and duration), the evidence that must accompany the nomination, and the International Trade Obligation and Labour Agreement exemptions. It closes with lessons from refusal decisions and a case study.

Learning outcomes

By the end of this workshop, participants should be able to:

  1. 01Identify when Labour Market Testing applies to a nomination under s 140GBA of the Migration Act 1958, and when it is exempt.
  2. 02Apply the period, manner and content requirements for LMT set out in LIN 18/036 and current departmental policy.
  3. 03Advise clients accurately on select occupations, ITO exemptions, Labour Agreement variations and the evidence each pathway requires.
  4. 04Avoid the most common compliance pitfalls that lead to nomination refusal on LMT grounds.

Session plan

  1. 01
    The legal framework
    s 140GBA of the Act & LIN 18/036
    4 min
  2. 02
    When LMT is required
    4-month period, redundancies & retrenchments
    6 min
  3. 03
    Select occupations & positions
    Understanding the core exemptions
    6 min
  4. 04
    The advertising obligation
    Language, method, channels, content & duration
    12 min
  5. 05
    Evidence & alternative requirements
    What must accompany the nomination
    8 min
  6. 06
    Exemptions: ITOs & Labour Agreements
    Trade obligations and agreement-stream variations
    10 min
  7. 07
    Amendments & transitional history
    Staying current with the instrument
    3 min
  8. 08
    Practical pitfalls & case study
    Lessons from refusal decisions
    8 min
  9. 09
    Key takeaways & Q&A
    3 min

How it runs

Live & interactive
Led in real time by the facilitator on Zoom (meeting format: video, chat, breakout rooms) or face-to-face. Minimum 6, maximum 30 participants. At least half of contact time is active learning.
Materials
Learning outcomes, pre-reading, the participant workbook and the joining guide are released 7 days before the session.
Attendance
Identity and MARN checked on entry. Camera on throughout (online). Roll calls and at least 2 timed participation checkpoints. You must attend the full session.
Certificate
After the session our staff verify your attendance, and your certificate is issued within 5 business days.
Ask anything, anytime
Booking unlocks the RMA Q&A, where Vikas Jain answers your law and policy questions personally whenever they come up, plus the Resource Library (Code-compliant templates, checklists and our workshop slide decks).
Reporting
We notify the Office of the Migration Agents Registration Authority (OMARA) through the OMARA Portal within 14 days of the workshop, once your full attendance has been verified.

Full details: attendance & participation · learning & certificates · online participant support · cancellations

Presenter

Vikas Jain
Principal Solicitor & Director, Wickham Lawyers

Over twelve years of legal practice, predominantly in Australian migration law. Admitted to the High Court of Australia and the Supreme Court of Queensland, and as a Barrister & Solicitor of the High Court of New Zealand. Former Registered Migration Agent (MARN 0958336). Four-time finalist, Lawyers Weekly Migration Partner of the Year.

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