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)
• 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.
• 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 org chart), showing:
  • The name of the business 
  • All current employees and reporting lines 
  • 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) 
  • Where the nominated position(s) fit into the existing business structure 
• 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: 
  • The signed and dated trust deed
  • The ASIC certificate for the business
• If submitting a DAMA variation request: 
• The most recently executed labour agreement, signed and dated.  

Note: If you wish to nominate after the first year of your DAMA, a variation request must be submitted close to the start of the new year. 

Variation requests are considered annually. Employers are required to consider their staffing needs for the 12-month period prior to applying for DAMA or variation. Skilled & Business Migration understand that situations change, and you may need to increase your occupation ceiling or add additional occupations. In such cases, you may submit additional variation requests, however Skilled & Business Migration will provide endorsement on a discretionary basis. 

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 in the first instance. 
• 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)  
  • Payslips of any full-time workers in the same, or similar, role.

Recruitment Activity/Labour Market Testing

• 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 recruitment agency 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

• Receipt of payment(s) for each job advertisement published  

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 or labour agreement variation, 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 undertaken 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. The employer must confirm that the nominee’s qualification and work experience are at the required skill level (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, only)  
• 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  
  • 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.  

• A role statement or job description, listing the duties undertaken in each relevant role  
• A minimum of 6 payslips from each relevant employer, demonstrating the beginning, middle, and end (or most recent pay period) of employment  
• Bank statements showing salary deposits from each relevant employer for the work experience period required for your occupation.   
• An ATO PAYG Payment Summary or Income Statement for every relevant employer  
• If reliant on overseas work experience, provide an income statement from a relevant taxation authority in your country.

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)