The ABCC has commenced a labour market testing audit campaign for employers covered by the Code for the Tendering and Performance of Building Work 2016 (Code).

When employers covered by the Code recruit workers that are not Australian citizens or Australian permanent residents to undertake building work, the Code requires a series of tests and activities to be applied, commonly known as ‘labour market testing’.

The employer must ensure that:

  • the position is first advertised in Australia
  • the advertising is presented in a way that a significant proportion of suitably qualified Australian citizens and Australian permanent residents would be likely to be informed about the position
  • any skills or experience requirements listed in the advertising are appropriate to the position
  • they can demonstrate that no Australian citizen or Australian permanent resident is suitable for the job.

Find out more about requirements for engaging non-citizens and non-residents.