How to apply for DAMA

Documents required for the DAMA Labour Agreement Endorsement application

About the Business

• Department of Home Affairs Approved Employer or Standard Business Sponsor notification (if accredited)

• A declaration completed and signed by the appropriate business representative with the authority to enter into a labour agreement with the Department of Home Affairs.

• Form 956 if represented by a Migration Agent.
• Signed and dated trust deed (if the employer is a Trust/Trustee)
• The ASIC certificate for the business

• Letter of support from registered chartered accountant or certified practicing accountant confirming that the business:
  - has been actively and lawfully operating for at least 12 months, and
  - has the financial capacity to employ the number of requested overseas workers and to meet sponsorship obligations

• Lease agreement for the registered business address. If the property is owned by the business, please provide council rates for the business address.

• Financial reports:
  - A finalised profit and loss report for the recently completed financial year.
  - Two (2) Business Activity Statements (BAS) for the most recent quarters.

• Organisational chart (see Sample Organisation Chart), showing:
  - The name of the business 
  - All current employees and reporting lines (provide additional documentation such as payroll report if necessary)
  - Position titles and vacant position/s (clearly showing the nominated position) 
  - Employment status for all positions (part time/full time/casual) 
  - Residency status or visa types for all employees (Aus Citizen/Permanent Resident/current visa held)

-Location of employees (if business operates in multiple locations)

• Adverse information - Documents pertaining to any investigations or audits for the business in the last 5 years.
  This includes investigations, convictions, findings of non-compliance, or legal actions relating to federal, state, or territory laws (especially immigration, industrial relations, and workplace safety). If your business (current or previous) , or any associated entities, has been audited or investigated in the past five years, you must include:

• The nature and origin of the adverse information
• Whether allegations were substantiated (include decision documents)
• When the issue occurred
• Steps taken to prevent recurrence
• The relevance and significance of the information as judged by relevant authorities

Note: Endorsement by the Government of South Australia does not guarantee approval by the Australian Government.

About the Position

• Job description/role statement for each nominated position.
• A statement written by the employer explaining the genuine need for overseas workers, and the steps the business has taken to employ local workers (prior to the LMT conducted to support the application). A business case is not required.

• An employment contract on company letterhead reflecting the terms and conditions as will be offered to the nominee(s), including:
  - The position title
  - Confirmation that the role will be on a permanent full-time basis
  - Remuneration, detailing the base salary, and other monetary and non-monetary earnings (if applicable) in line with the relevant Award or Enterprise Agreement, classification, and relevant pay point the position falls under (if applicable)
  - The ordinary hours to be worked, plus any additional hours expected to be worked
  - Superannuation entitlements
  - All other minimum workplace entitlements in line with the National Employment Standards (including leave entitlements and all other minimum entitlements)

Note: If the nominee/s have been identified provide the signed and dated employment contract.

• Payslips of any workers in the same, or similar, role.

Recruitment Activity/Labour Market Testing (as per the Department of Home Affairs requirement)

• A copy of at least two (2) job advertisements as published within the last 12 months on a platform with national reach for a minimum period of 28 days (4 weeks); the advertisements must include:
  - The job title and/or description of the role 
  - The role as a full-time position 
  - The employer (or third party used to advertise) 
  - The salary or salary range for the role (if offering a base annual salary of less than $96,400) 
  - The skills and experience required for the role
• Evidence showing the active dates (publishing and closing dates) of the two (2) advertisements

Documents required for Variation Request to DAMA Labour Agreement

Note that Skilled and Business Migration are only able to support one variation in each year of a labour agreement. We will not accept any variation requests in the first six months after a new agreement is executed. Employers must plan ahead for the business’ needs. Variation requests may be submitted close to the start of the next year of the agreement.

About the Business

• Department of Home Affairs Approved Employer or Standard Business Sponsor notification (if accredited)

• A declaration completed and signed by the appropriate business representative with the authority to enter into a labour agreement with the Department of Home Affairs.

• Form 956 if represented by a Migration Agent.
• The most recently executed labour agreement, signed and dated.
• Signed and dated trust deed (if the employer is a Trust/Trustee)
• The ASIC certificate for the business

• Letter of support from registered chartered accountant or certified practicing accountant confirming that the business:
  - has been actively and lawfully operating for at least 12 months, and
  - has the financial capacity to employ the number of requested overseas workers and to meet sponsorship obligations

• Lease agreement for the registered business address. If the property is owned by the business, please provide council rates for the business address.

• Financial reports:
  - A finalised profit and loss report for the recently completed financial year.
  - Two (2) Business Activity Statements (BAS) for the most recent quarters.
• Organisational chart (see Sample Organisation Chart), showing:
  - The name of the business 
  - All current employees and reporting lines (provide additional documentation such as payroll report if necessary)
  - Position titles and vacant position/s (clearly showing the nominated position) 
  - Employment status for all positions (part time/full time/casual) 
  - Residency status or visa types for all employees (Aus Citizen/Permanent Resident/current visa held)

-Location of employees (if business operates in multiple locations)

• Adverse information - Documents pertaining to any investigations or audits for the business in the last 5 years.
  This includes investigations, convictions, findings of non-compliance, or legal actions relating to federal, state, or territory laws (especially immigration, industrial relations, and workplace safety). If your business (current or previous), or any associated entities, has been audited or investigated in the past five years, you must include:

• The nature and origin of the adverse information
• Whether allegations were substantiated (include decision documents)
• When the issue occurred
• Steps taken to prevent recurrence
• The relevance and significance of the information as judged by relevant authorities

Note: Endorsement by the Government of South Australia does not guarantee approval by the Australian Government.

About the Position

• Job description/role statement for each nominated position.

• A statement written by the employer explaining the genuine need for overseas workers, and the steps the business has taken to employ local workers (prior to the LMT conducted to support the application). Note that a full business case is not required.

• An employment contract on company letterhead reflecting the terms and conditions as will be offered to the nominee(s), including:
  - The position title
  - Confirmation that the role will be on a permanent full-time basis
  - Remuneration, detailing the base salary, and other monetary and non-monetary earnings (if applicable) in line with the relevant Award or Enterprise Agreement, classification, and relevant pay point the position falls under (if applicable)
  - The ordinary hours to be worked, plus any additional hours expected to be worked
  - Superannuation entitlements
  - All other minimum workplace entitlements in line with the National Employment Standards (including leave entitlements and all other minimum entitlements)

Note: If the nominee/s have been identified provide the signed and dated employment contract.

• Payslips of any workers in the same, or similar, role.

Recruitment Activity/Labour Market Testing (as per the Department of Home Affairs requirement)

• A copy of at least two (2) job advertisements as published within the last 12 months on a platform with national reach for a minimum period of 28 days (4 weeks); the advertisements must include:
  - The job title and/or description of the role 
  - The role as a full-time position 
  - The employer (or third party used to advertise) 
  - The salary or salary range for the role (if offering a base annual salary of less than $96,400) 
  - The skills and experience required for the role
• Evidence showing the active dates (publishing and closing dates) of the two (2) advertisements

Note: evidence of Labour Market Testing (LMT) is not required for DAMA variation requests to add Employer Nomination Scheme (ENS) subclass 186 visa (Labour Agreement stream) positions. Nominees for ENS positions must be existing Skills in Demand (SID) subclass 482 visa holders under the Labour Agreement stream for the employer.

Documents required for DAR Skills Assessment

For the nominating employer:

• A copy of the most recently executed labour agreement signed and dated by the business representative and the Department of Home Affairs
• A statement from the nominating employer that confirms the nominee has the skills, work experience, and qualifications required to undertake the position and meet the requirements of the occupation under the South Australian DAMA.  This statement must include details of the verification undertaken by the employer. (e.g. interviews, employment reference checks, qualification verification)

For the nominee:

• A copy of the nominee’s passport (the biographical detail page, including their photograph)
• A current curriculum vitae (CV) (maximum 3 pages)

Qualification

• A graduation certificate for any relevant qualification (including a translated copy, if relevant), which includes:  
  - The qualification
  - Name and country of institution 
  - Date qualification awarded/conferred  
  - Course duration

• An official academic transcript for any relevant qualification (including a translated copy, if relevant)

• Evidence of work placement undertaken, if required for the qualification

Work experience

• An employment reference letter from each employer for any relevant work experience (including a translated copy, if relevant), which includes:  
  - The job title  
  - Duties and tasks
  - Number of hours worked per week  
  - Salary or salary rate  
  - The employment duration (start and end date of work)  
  
  NOTE: Reference letters must be on official company letterhead and must be signed and dated by the relevant authority with their job title and current contact details.

• All payslips from each relevant employer for the work experience duration required for your occupation.
• Bank statements showing salary deposits from each relevant employer for the work experience period required for your occupation (onshore applicants only).