Local Businesses

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Documents required for the DAMA Labour Agreement Endorsement application and Variation Requests

About the Business

• Department of Home Affairs Approved Employer or Standard Business Sponsor notification (if applicable)
• 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
• Business registration document (ABN/ACN)
• Business lease documents
• Financial reports:
  • Most recent fiscal year Profit & Loss showing comparative figures for previous fiscal year
  • Most recent two BAS statements
  • Most recent finalised/lodged tax return
• Documents pertaining to any investigations or audits for the business, or any associated (including previously) entities, in the last 5 years:
  • by the Fairwork Ombudsman in regard to workplace relations provisions
  • by the relevant state or territory government authority in relation to compliance with work health and safety provisions.
  • in relation to compliance with migration provisions
• If the employer is a Trust/Trustee: 
  • Trust Deeds
  • ASIC document of the trustee/s
• The most recent executed Labour Agreement (for DAMA Variations only)

About the Position

• Job description/role statement for each nominated position
• Organisational chart (see sample org chart), showing:
  • The name of the business
  • All current employees
  • Position titles and vacant position/s (clearly showing the nominated position)
  • Reporting lines within the business
  • Employment status for all positions (part time/full time/casual)
  • Residency status or visa types for all employees

Note: If there are more than 25 employees, the organisational charts should demonstrate all positions in the same business unit as the DAMA nominated position/s.

• Decision records for any Department of Home Affairs refused employer sponsored visa nominations for the business in last 5 years
• Sample employment contract on company letterhead for the proposed position, including:
  • Written on the employer’s letterhead.
  • Accurately detail the parties to the contract, i.e: The employer and the nominee (if known).
  • Dated and signed by both parties, i.e: Employer and nominee (if known).
  • The position title must be the same as the nominated occupation
  • Confirmation that the position is permanent, full-time.
  • The Remuneration, detailing:
    • monetary and Non-monetary earnings
    • base salary, showing the award or Enterprise Bargaining Agreement, classification and relevant pay point it falls under (if applicable).
    • superannuation entitlements
  • Minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).
• Payslip of Australian worker in equivalent position (if applicable)

Recruitment Activity/Labour Market Testing

• Copy of advertisements as advertised on each media platform
• Evidence showing the active dates (start and end dates of advertisements) and/or duration of the ads
• Receipt of payment for each recruitment activity
• Any additional information that would support your recruitment efforts

Please note:

• Recruitment for nominated positions must follow Department of Home Affairs Labour Market Testing (LMT) requirements.   
• If redundancies / retrenchments of Australian workers occurred in the nominated position prior to the request for a Labour Agreement, the position advertising must have occurred after the date of the redundancy or retrenchment.  
• Labour Market Testing (LMT) documents are not required for DAMA variation requests to add Employer Nomination Scheme (ENS) subclass 186 (Labour Agreement stream) positions.  For the ENS positions, the nominee must be an existing Temporary Skill shortage (TSS) subclass 482 visa holder under the Labour Agreement stream for the employer. 

Declaration

• Declaration (template also downloadable during application process), completed with signature of appropriate senior manager within the business.

Documents required for DAR Skills Assessment

Note: all uploaded documents must be scanned copies of the original documents and all documents must be in English or translated into English by a qualified translator. Further information on acceptable document file types and size is available here.

• Passport (Biographical detail page only, including photograph)
• Curriculum Vitae (maximum 3 pages)
• Graduation Certificate for any relevant qualifications (including: Qualification, Name and country of institution, Date completed, Course duration)
• Official academic transcript for any relevant qualifications
• Employment reference letter from each employer for relevant work experience only, must include:
  • Job title
  • Number of hours worked
  • Salary
  • Employment duration

Reference letters must be on company letterhead, signed and dated by relevant authority and include their title and contact details.

• Role statement which includes a list of duties undertaken in each relevant job role(s).
• Statement from the nominating employer confirming:
  • The nominee has the skills, work experience and qualifications to undertake the position and meet the requirements of the occupation under the SA DAMA.
  • Details of any verification the employer has undertaken to confirm the nominee’s qualifications and work experience at the skilled level required

Australian work experience only:

• Payslips for each relevant job role - include at least 3 payslips for each role (a payslip for the start, middle and end of each contract), and
• Applicant’s bank statements showing salary deposits from employer, and
• ATO Notice of assessment or PAYG Payment Summary or Income Statement

Fact Sheets for local employers seeking to employ skilled workers are listed below:

• DAMA Overview (pdf)
• DAR Endorsement Process Flowchart (pdf)
• DAMA Postcode Definitions (pdf)
• Sample Organisation Chart (pdf)