WA3.20 Labour market test (20/06/2022)

1. The labour market test must be met for all jobs, except where:
   1. the remuneration for the proposed employment is $55.52 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.

WA3.20.1 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:
   1. been listed for at least 14 calendar days; and
   2. closed prior to the Job Check application being submitted.
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.

WA3.20.5 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.

3. Where qualifications, work experience, skills or other specifications are needed to perform the job that are not described for the matching occupation in the ANZSCO, the remuneration offered must reflect those requirements by being above what would otherwise be the market rate for that job.
4. Requiring a driver licence or vehicle cannot be a minimum requirement for Requiring a driver licence or vehicle cannot be a minimum requirement for the job unless operating a vehicle is necessary to perform the work on offer. Being able to commute to the workplace is not part of performing the work on offer, so requiring a driver licence or vehicle for this purpose is not acceptable.

Effective 20/06/2022