Is my business eligible for a labour agreement to sponsor skilled overseas workers?

Labour agreement is expected to help combat the Australia’s critical skills shortage.

Under the agreement, approved businesses can sponsor skilled overseas workers when there is “a demonstrated need” that cannot be met in the domestic labour market and where standard temporary or permanent visa programs are not available.

Labour agreements are formal arrangements negotiated between between the Australian Government and the employer, which allows an employer to recruit overseas workers in occupations which are not eligible for the standard migration programmes,

What is a DAMA?

A Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Federal Government and a regional, state or territory authority. It is also a form of Labour Agreement. Labour Agreements are work agreements which enable approved employers to sponsor skilled and semi-skilled overseas workers for positions they are unable to fill with local workers and in response to identified market shortages. These agreements are negotiated between the Department and employers or industrial associations. It allows for more access to overseas workers to enter into the skilled migration program.

DAMAs are labour agreements between a Designated Area Representative (DAR) and the Australian Government and provide access to additional occupations and concessions to standard migration programs under the:

Temporary Skill Shortage visa (Subclass 482)
Skilled Employer Sponsored Regional visa (Subclass 494)
Employer Nomination Scheme (Subclass 186)

A DAMA will generally be in effect for five years at a time. Once a DAMA is in place, local businesses can apply for endorsement and enter into individual labour agreements under the conditions of the relevant DAMA. Each DAMA is designed to allow the region it applies to respond to their unique labour market needs.

To access a DAMA, individuals need to be sponsored:

By an employer operating in a designated region
For an occupation that is specified in the head agreement.

Active DAMAs

There are currently seven DAMA lists in place:

The Far North Queensland (FNQ DAMA 1.2) with 164 occupations available and English level, skills level, experience requirements, age, income threshold and permanent residency (PR) pathway concessions available for some occupations.
The Orana region DAMA with 73 occupations available and skills and work experience along with income threshold, English levels and permanent pathway concessions.
The Northern Territory DAMA with 117 occupations available and English and salary concessions for some occupations.
The Adelaide City Technology and Innovation Advancement DAMA (Metro) with 64 occupations available and English level, age, income threshold and permanent residency pathway concessions available for certain occupations.
The South Australian Regional Workforce DAMA (Regional) with 139 occupations available and English level, age, income threshold and permanent residency pathway concessions available.
The Victoria’s Great South Coast DAMA with 27 occupations available and English level, income threshold and permanent pathway concessions for some occupations.
The Goldfields DAMA with 125 occupations available and English level, income threshold and permanent pathway concessions available for some occupations.

What is the Far North Queensland DAMA?

The Far North Queensland (FNQ) DAMA was signed on 4 April 2019, and the Cairns Chamber of Commerce is the Designated Area Representative (DAR) for the FNQ DAMA. As of 18 June 2021, the FNQ DAMA Deed of Variation came into effect. It is now known as FNQ DAMA 1.2, as substantial changes were made.

The FNQ DAMA 1.2 allows Far North Queensland employers to sponsor skilled and semi-skilled overseas professionals for positions they are unable to fill with local workers. Once a business is approved for a labour agreement with the Department, they are able to be nominated overseas worked for occupations that would not previously have had access to a permanent visa pathway.

The Cairns Chamber of Commerce, in its role as DAR, is responsible for the first stage, which involves assessing requests from businesses seeking endorsement to enter into a Labour Agreement with the government. It makes the decision whether the endorse the Employer. This endorsement is required when submitting a request for a Labour Agreement with the Department of Home Affairs.

The FNQ DAMA 1.2 is tailored to address current and emerging labour market shortages and local terms and conditions of employment in Far North Queensland.

Key elements of the FNQ DAMA 1.2 include:

» A broad range of occupations that reflect the region’s skilled and semi-skilled shortages, with no caveats to apply but rather, concessions that may apply

» English language, age concessions, salary concessions and a pathway to permanent residence for select occupations.

» Removal of the ‘post-qualification experience’ requirement along with concessions for the skills, qualifications and experience requirements

Does an applicant need a skills assessment for the FNQ DAMA?

A skills assessment may not be required. Occupations on the Skilled Occupation List will not require a skills assessment except in certain circumstance or when the Department of Home Affairs specifically requests it.

It will not be required when a business has made a request to the DAR to be endorsed, but will be for individual nomination applications lodged through the FNQ DAMA 1.2 Occupations List.

This is to ensure that the individual has the necessary skills to perform the tasks of their chosen occupation under FNQ DAMA 1.2.

How to apply under a DAMA?

The DAMA is an employer-sponsored visa program and individual workers cannot apply independently. Employers must apply to the relevant DAR to access the DAMA for the occupations, concessions and number of workers they require.

Generally, the application process consists of:

Step 1. The employer (sponsoring business) applies to the relevant DAR for endorsement.
Step 2. The DAR assesses the endorsement application.
Step 3. If the assessment is positive the DAR issues a letter of endorsement to the employer and notifies the Department.
Step 4. The sponsoring business makes an application to enter into an individual DAMA labour agreement with the Department.
Step 5. The Department assesses the DAMA application.
Step 6. On receival of a positive outcome from the Department, the employer can proceed to lodge a nomination for the employee and the employee can also lodge a visa application under the labour agreement stream with the Department.

The FNQ DAMA 1.2 is a four stage process:

Endorsement by the Cairns Chamber of Commerce (DAR) through a Request for Endorsement

Receipt of an endorsement letter that is valid for 1 year

Request for a Labour Agreement with the Department of Home Affairs

A Labour Agreement will be valid for five years

Nominating the visa applicant or applicants with the Department of Home Affairs
Nominees apply for their visa

Seek the expertise of Migration lawyers, Commercial lawyers, Employment lawyers and Property lawyers of No Borders Law Group

Our legal teams have knowledge and experience in a vast range of industries, and can provide valuable guidance as you explore migration and entrepreneurship in this land of opportunity.

Industry-specific labour agreement

Labour agreements are formal arrangements negotiated between an employer and the Australian Government which lets an employer recruit an agreed number of skilled workers from outside Australia.

These are agreements for a specific industry with fixed terms and conditions. Your industry must show ongoing labour shortages and extensive consultation within the industry.

On 1 January 2020, the Horticulture Industry Labour Agreement (HILA) became available for businesses. Note: From 1 November 2021, new regional concessions were incorporated into the dairy, fishing, meat and pork industry labour agreements. Changes to horticulture industry concessions will be available soon.

Dairy industry

The Dairy Industry Labour Agreement lets you sponsor skilled overseas workers in the occupations of ‘Senior Dairy Cattle Farm Worker’ and ‘Dairy Cattle Farm Operator’ for a temporary stay of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable. Note that the concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the business.

Fishing industry

The Fishing Industry Labour Agreement lets you sponsor skilled overseas workers in the 6 identified occupations for a temporary period of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable. Note that the concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the business.

Meat industry

The Meat Industry Labour Agreement lets you sponsor skilled overseas workers in the occupation of ‘skilled meat worker’ for a temporary period up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable. Note that the concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the business.

Minister of Religion

The Minister of Religion Industry Labour Agreement lets you sponsor skilled overseas workers in the occupations of Minister of Religion or Religious Assistants for temporary stay periods of up to 4 years and/or for permanent residency.

An immediate permanent pathway is only available under the Minister of Religion Labour Agreement for those applicants who hold the most senior Minister of Religion position in the religious organisation in Australia, or a State/Territory region of Australia.

The terms and conditions of the agreement are set and non-negotiable.

On-hire

The On-hire Industry Labour Agreement lets you sponsor skilled overseas workers on a temporary basis for certain occupations. You can assign them to work for a third party but you must remain the direct employer. The terms and conditions of the agreement are set and non-negotiable.

Pork industry

The Pork Industry Labour Agreement lets you sponsor skilled overseas workers in the occupation of ‘senior stockperson (piggery)’ for temporary periods of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable. Note that the concessions available under the agreement vary depending on the visa subclass as well as the designated regional location of the business.

Restaurant (premium dining) industry

The Restaurant (premium dining) Industry Labour Agreement lets you sponsor skilled overseas workers in Australian premium quality dining restaurants as cooks, chefs, café or restaurant managers and trade waiters for periods of up to 4 years and/or for permanent residence. The terms and conditions of the agreement are set and non-negotiable.

Advertising Industry

The Advertising Industry Labour Agreement lets you sponsor skilled overseas workers in the following five occupations: Advertising Specialist, Graphic Designer, Copywriter, Multimedia Designer and Web Developer, for periods of up to 4 years and/or for permanent residence. To request an Advertising Industry Labour Agreement you must receive endorsement from the Media Federation of Australia (MFA) and The Communications Council (TCC). The terms and conditions of the agreement are set and non-negotiable.

Is your business eligible for a labour agreement?

NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS

Email: [email protected]

Tel: +61 7 3876 4000

Consultation: https://www.noborders-group.com/form/free-consultation

We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].