WA3.20 Labour market test

1. The labour market test must be met for all jobs to approve a Job Check, except where:
   1. the remuneration for the proposed employment is $59.32 per hour or above, or the equivalent annual salary (WA3.30); or
   2. the proposed employment is for an occupation included on the Green List, and the minimum requirements for the job include the requirements on the list for that occupation (Appendix 13).
2. The labour market test is met if:
   1. the employer has made genuine attempts to attract and recruit suitable New Zealand workers by advertising the job (WA3.20.1); and
   2. the employer did not find suitable and available New Zealand workers for the job.
3. Evidence that the labour market test is met must include:
   1. evidence of the advertising required by WA3.20.1 below including the content, dates, duration and platform of the advert(s); and
   2. a declaration from the employer about whether they found any suitable and available New Zealand workers for the job (WA3.20.10); and
   3. in the case of an ANZSCO 4 or 5 role, a declaration from the employer that they did not find any suitable and available New Zealand workers for the job, along with a declaration about the reason(s) the New Zealand candidate(s) who applied for the role (if any), was or were not suitable or available, as defined at WA3.20.10.

WA3.20.1 Genuine attempts to attract and recruit suitable New Zealand workers by advertising

1. The job must have been advertised:
   1. on a general national job listing website where suitable New Zealand citizen or resident class visa workers are likely to apply; or
   2. by other means, if those means are more likely to attract suitable New Zealand citizen or resident workers, for example on an industry-specific job listing website.
2. The job advert must have closed prior to the Job Check application being submitted and been listed for:
   1. at least 14 calendar days where the role is classified as ANZSCO 1 - 3; or
   2. at least 21 calendar days where the role is classified as ANZSCO 4 and 5.
3. The end date of the advertising must be within the 90 days prior to the Job Check application being submitted.
4. The advert must include:
   1. a job description detailing the key tasks and responsibilities; and
   2. the key terms and conditions of the employment, which are consistent with the proposed employment agreement and other information included with the Job Check application, including:
      • the minimum and maximum rate of pay or salary; and
      • where a significant portion of the actual earnings are not guaranteed, the estimated actual earnings (for example what the piece rates or commission rates are, or what the average bonuses are); and
      • the minimum guaranteed hours of work; and
      • the location of the job; and
   3. the minimum qualifications, work experience, skills or other specifications required for the job (see (e) below).
5. The minimum qualifications, work experience, skills or other specifications required for the job must:
   1. only include those necessary to perform the work on offer (WA3.20.5); and
   2. be the same as those stated in the application form.

WA3.20.3 Requirement to engage with Work and Income for roles that are classified as ANZSCO Skill Levels 4 and 5

1. When applying for a Job Check for a role which is classified as ANZSCO Skill Level 4 or 5, the employer must contact Work and Income regarding the vacancy.
2. The employer must provide evidence of their engagement with Work and Income in the form of confirmation from Work and Income that either:
   1. the employer listed the role with Work and Income for 21 calendar days and the number of matched job seekers; or
   2. Work and Income have no viable candidates for the role and therefore have exempt the employer from listing the role.
3. Despite (b)(i) if, during the course of the listing, Work and Income determines that there are no viable candidates they may exempt the employer from listing the role for the full 21 calendar days.
4. Where the employer lists a role with Work and Income, this listing must be consistent with the advertising undertaken in WA3.20.1(d) and have included:
   1. a job description detailing the key tasks and responsibilities; and
   2. the key terms and conditions of the employment, which are consistent with the proposed employment agreement and other information included with the Job Check application, including:
      • the minimum and maximum rate of pay or salary; and
      • where a significant portion of the actual earnings are not guaranteed, the estimated actual earnings (for example what the piece rates or commission rates are, or what the average bonuses are); and
      • the minimum guaranteed hours of work; and
      • the location of the job.
5. Regardless of their engagement with Work and Income, the employer must also advertise their role independently to meet the requirements at WA3.20.1.

WA3.20.5 Determining whether the minimum requirements for the job are necessary to perform the work on offer

1. To determine whether the minimum qualifications, work experience, skills or other specifications identified by the employer as requirements for the job are necessary to perform the work on offer, an immigration officer may refer to the qualifications described for the closest matching occupation in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), or the work experience that the ANZSCO indicates may substitute the required qualification.
2. For qualifications, work experience, skills or other specification that are not described in the ANZSCO for the matching occupation, an immigration officer may make an assessment of whether the requirement is reasonably necessary to perform the work on offer, taking into account such factors as:
   1. the roles and responsibilities of the job; and
   2. whether the specification is likely to result in suitable and available New Zealand citizens or residents not applying for the job.

Note: As an example, requiring foreign language skills for a café or restaurant worker job is unlikely to be acceptable, but requiring foreign language skills for a job as a tour guide catering for non-English speakers may be acceptable, as the skills are necessary to perform the work on offer.

WA3.20.10 Suitable and available New Zealand worker

A person is considered to be a 'suitable and available New Zealand worker’ if they are:

1. a New Zealand citizen or residence class visa holder; and
2. suitable, that is, ‘qualified to take up the work on offer’ (see WA3.20.10.5) or can ‘readily be trained to do the work on offer’ (see WA3.20.10.10); and
3. ‘available to do the work on offer’ (see WA3.20.10.15).

WA3.20.10.5 Definition of ‘qualified to take up the work on offer’

A person who is ‘qualified to take up the work on offer’ is a person who:

1. has qualifications, work experience or skills identified by the employer as being necessary to perform the role, and that are determined by an immigration officer to be reasonable; and
2. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
   1. having a driver licence or ability to get one if required; or
   2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work; or
   3. being able to pass health, drug and criminal checks if required.

WA3.20.10.10 Definition of ‘can readily be trained to do the work on offer’

A person who ‘can readily be trained to do the work on offer’ is a person who:

1. with on-the-job training could do the work on offer, despite not having the qualifications, work experience or skills identified by the employer as being necessary to perform the role; and
2. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
   1. having a driver licence or ability to get one; or
   2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work; or
   3. being able to pass health, drug and criminal checks if required.

WA3.20.10.15 Definition of ‘available to do the work on offer’

A person who is ‘available to do the work on offer’ is a person who:

1. resides in the ‘location of the job’ (WA3.35), or is willing and able to move to that location; and
2. can practically make it to the workplace by having a suitable mode of transport; and
3. is available for work at the hours required by the employer, noting that the position must be for full-time employment (see WA3.15(d)).

Effective 07/04/2024