In South Australia, the Designated Area Representative (DAR) is Skilled and Business Migration. The DAR considers the following factors to determine the DAMA criteria are met:
- Actively operating in the designated area and is lawfully operating that business for more than 12 months and the business is financially viable.
- Declare if there is any adverse information
- Positions to be filled must be located in the designated area defined by the Agreement, namely South Australia or in the Greater Adelaide planning area.
- Current and future workforce needs are assessed to determine the occupations and concessions sought meet the DAMA objectives, including details on any changes to workforce composition in the last 6 months.
- The number of positions for each occupation and concessions are available (the DAR will consider an equitable distribution of ceiling numbers across sectors and the region)
- Employers will need to consider what their workforce needs are for the 12 month period as endorsement is valid for 12 months and the employer can only apply once in the 12 month period.
- Businesses seeking to access more overseas workers will need to apply to the DAR for endorsement of occupation(s) and the number of positions each year.
Position and labour market testing
- Demonstrate the position is genuine and there is a genuine vacancy.
- Confirm there are no Australians and permanent residents to fill the position and labour market testing has been undertaken in accordance with Department of Home Affairs labour market testing requirements
- Employment terms and conditions are reasonable and lawful
- Show that concessions will not undermine Overseas Worker’s ability to support themselves, lead to exploitation and demonstrate why the concession(s) are needed for the position(s) they are seeking to fill.
Employers will be required to complete the Application for Endorsement and the Declaration which will support the requirements for DAR endorsement.
Detailed evidence to support the claims will be provided to the Department of Home Affairs at the Labour Agreement request stage and/or the Nomination stage.
The Endorsement application and declaration will affirm that:
- the business has been lawfully operating for more than 12 months;
- the business is financially viable;
- the position is genuine and there is a genuine vacancy;
- labour market testing has been completed in accordance with legislative requirements;
- employment terms and conditions being offered are reasonable and lawful;
- there have been no recent changes to workforce composition (redundancies or retrenchments);
- concessions will not undermine overseas workers’ ability to support themselves or lead to exploitation; and
- there is no adverse information about the employer.
Under the revised process, before providing its endorsement, the DAR will need to be satisfied that:
- the requested occupations and concessions sought are available;
- the maximum ceiling numbers have not already been reached for that year;
- the concessions are reasonable with regards to current labour market conditions in the region; and
- the request supports the objectives outlined in the DAMA.
The DAR will have the right to request further clarification and/or information if it deems necessary.
For more information on eligibility of your business, please refer to the DAMA Assessment Criteria page.
Adverse information about your business that may have an impact on endorsement of the South Australian Migration Agreements.
Adverse information includes any investigation, conviction, finding of non-compliance, administrative action or legal proceeding relating to a federal, state or territory law, particularly, but not limited to:
- industrial relations
- occupational health and safety.
If a current or past business has been investigated or audited during the last five years you must provide the Government of South Australia with details on why this happened and on the outcome.
You should explain any mitigating circumstances that you think should be considered.
The following information is required:
- the nature of the adverse information
- how the adverse information arose, including the credibility of the source of the adverse information
- in the case of an alleged contravention of a law, whether the allegations have been substantiated or not (copy of court/tribunal decision)
- whether the adverse information arose recently or some time ago
- whether your business has taken any steps to ensure the circumstances that led to the adverse information does not happen again
- information about findings made by a relevant authority* in relation to the adverse information and the significance attached by the competent authority to the adverse information.
If the Government of South Australia has endorsed your business, this does not guarantee that the Australian Government will approve a labour agreement to your business.
*Relevant authorities include the following:
- the Department of Home Affairs or another Australian Government agency
- the Office of the Fair Work Ombudsman, or former authority with this function, or the relevant state or territory government authority in relation to compliance with workplace relations provisions
- the relevant state or territory government authority in relation to compliance with occupational health and safety provisions.