Overview of the request for endorsement application requirements and assessment criteria

Employers must apply for endorsement by submitting a request to the Designated Area Representative (DAR). The DAR will endorse only those employers that meet the criteria, as set by the Commonwealth, administered by the DAR and includes specific declarations and evidentiary documentation as requested by the DAR relating to the specified application titled Request for Endorsement Application.

The Request for Endorsement must be completed and submitted electronically on the Immigration SA Apply website. The DAR will be looking for consistency in information, business identity such as documents on company letterhead, statements or submissions evidencing reasons for request is applicable. 

Request for Endorsement applications must meet the following criteria: 

  1. Specify which SA DAMA agreement, number of positions and occupations they are seeking endorsement. Note if requesting occupations listed on both Agreements, please submit a separate request for endorsement per Agreement. 

    This will need to include details of any concession(s) they are seeking and the basis for seeking the concesssion(s).

    A separate application is required if applying under both DAMA agreements/occupation lists.  

      Request will be detailed in application
      Employer can provide accompanying submission detailing reasons for request

    Consideration will be given to the equitable distribution of ceiling numbers across sectors and the region.
  2. Show employer is based in South Australia and is lawfully operating that business for more than 12 months. 

    Evidence supporting this includes:

      Evidence of ABN/ACN
      A letter of support from a registered chartered accountant they can provide evidence
      If the employer is a current Standard Business Sponsor approval letter from Department of Home Affairs
      Evidence the business is located in South Australia such as real estate/commercial lease documents
      Legal records such as business registration documents
     
  3. Show the business is financially viable. 

    Evidence supporting this includes: 

      A letter of support from a registered chartered accountant or certifying practicing accountant confirming that the business has the financial capacity to employ the number of requested workers and to meet Sponsor Obligations. 
      Copy of completed tax returns, BAS statements, financial reports (Profit/Loss and Balance sheet). Note draft documents are not acceptable
      If the employer is a current Standard Business Sponsor approval letter from Department of Home Affairs
     
  4. Demonstrate the position is genuine and there is a genuine vacancy. 

    Evidence supporting this criterion includes:

      Organisation chart listing all current employees, position titles and vacant position(s)
      Evidence of trading hours, business expansion, business structure
      Position description 
      Sample employment contract 
      Statement/submission why position is genuine and market salary detail 
     
  5. Evidence Labour Market Testing (LMT) has been undertaken in accordance with LMT requirements.
     
    Evidence supporting this includes:

      Recruitment activity summary, including copy of advertisements showing length of time advertised, duration, content and method requirements as indicated by Department of Home Affairs
      Position description/Duty Statement 
      Sample employment contract of other workers in same position
      Receipts for payment of the advertising expenditure
     
  6. Show employment terms and conditions are reasonable and lawful.

    Evidence supporting this includes:

      Sample employment contract
      Evidence of trading hours, business expansion, business structure 
      Payslips for workers in same position
      Copy of relevant award or Enterprise Agreement
      Position description

  7. Details on any changes to workforce composition in the last 6 months.

    Type of evidence supporting this criterion includes:

      Declaration statement as part of Request of Endorsement Application form
      Statement/submission detailing recent changes to workforce

  8. Show that concessions will not undermine Overseas Worker’s ability to support themselves or lead to exploitation.
     
    Type of evidence supporting this criterion includes:
     
      Declaration statement as part of Request of Endorsement Application form 
      Ensure endorsement application shows annual earnings 
      Sample employment contract 
      Copy of or information about relevant Award, Enterprise Agreement or employment contract
     
  9. Provide any adverse information about the employer.
     
    Evidence supporting this includes:
     
      Declaration statement as part of Request of Endorsement Application form 

    9.1 Adverse information
     
    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:
     
    • immigration
    • industrial relations
    • occupational health and safety.
       
    You must provide a statement confirming that your business or any associated entity has not been investigated or audited in the past five years on compliance with provisions relating to:
     
    • migration
    • industrial relations and workplace 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 don’t 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.
       
    *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.
       
    If the Government of South Australia endorses your business to access the Agreements it will provide the Australian Government with information on the outcomes of the investigation or audits. It will also provide any statements about mitigating circumstances you may provide.
     
    The Australian Government will then take this into consideration when negotiating a labour agreement under the DAMA with you.
    If the Government of South Australia has endorsed your business, this does not guarantee that the Australian Government will grant a labour agreement to your business.
     
  10. Demonstrate requested occupations and concessions are reasonable with regard to current labour market conditions in the region.
     
    Evidence supporting this includes:
     
      Employment contract or sample
      Evidence of annual market salary rate
      Evidence position is in designated location 
     
  11. Assistance with Form

    If you are represented by a Registered Migration or Legal Representative 

      Attach Home Affairs FORM 956

  12. Other information supporting the request can include:
     
      Nominee details if they have been identified, or is currently employed with your business, including their resume /CV
      Details of the settlement supports offered to overseas workers employed in your business
      Any additional information to support the application.