Criteria being assessed

The Department of Trade, Business and Innovation (DTBI) examines the employer’s current and future workforce needs to determine:

  • Which of the occupations and concessions requested may be accessible, and how many positions can be nominated for each occupation and concession.
    Please note: endorsement of occupations and numbers of positions to be filled is valid for one year only. 
  • Whether the employer meets Labour Market Testing and Market Salary Rate requirements. Employers need to demonstrate they have undertaken appropriate labour market testing. This means that they need to show that they are unable to employ an Australian citizen or permanent resident to fill the position. They also need to show that the terms and conditions of employment are in line with Australian workplace requirements and are no less favourable than what an Australian could expect doing the same job in the same location.
  • Whether the employer may be able to access the concessions, see Factsheet 2: Occupations and concessions. To access the English or Temporary Skilled Migration Income Threshold (TSMIT) concessions, employers will need to provide evidence in support of the concessions sought.

Documents required

  • A completed form of occupations, numbers and concessions for year 2 or year 3:
  • A complete summary of domestic recruitment efforts form (docx 32 kb) | summary of domestic recruitment efforts form (pdf 32 kb) for each occupation being requested including evidence of domestic recruitment efforts over the last six months, including:
    • samples of advertisements in newspapers, professional journals, industry news letters etc
    • contracts with recruitment agencies
    • online job advertising including Facebook and website advertising
    • evidence of participation in job search programs / activities (if any).
  • Evidence of market salary rate​, see Factsheet 4: Market rates. Evidence that the terms and conditions of employment being offered to the overseas worker are no less favourable than what an Australian could expect doing the same job in the same location. If the Northern Territory employer has an Australian citizen or permanent resident in the occupation, the relevant information will include:
    • a copy of the Australian citizen’s or permanent resident’s employment contract
    • recent pay slips
    • if the Northern Territory employer does not employ an Australian citizen or permanent resident in the occupation, the relevant information will include:
      • evidence of salary levels for this occupation in the Northern Territory.
  • Evidence of terms and conditions of employment. A sample of an employment contract for each occupation to be filled under the NT DAMA.
  • Evidence in support of any concessions sought - TSMIT concession, see Factsheet 3: Occupations and concessions. If a Northern Territory employer is seeking a TSMIT concession, the business will need to show the total value of the package that it will be providing to the overseas worker including: housing and other benefits, overtime, bonuses etc and how this will be sufficient for the overseas worker to support themselves and any dependants (if they have them) while they are in Australia on a Subclass 457 visa.
  • Occupations sought under the Labour Agreement​ position descriptions for each occupation you are seeking under a Labour Agreement specifying:
    • registration, or licensing requirements (if applicable)  
    • list of tasks that will be performed by an employee working in this occupation
    • organisation chart​.
  • Evidence of any adverse information including documentation stating an intention to take action against the employer, whether the action is ongoing or completed, and if completed the outcome reached such as:*
    • notice of intention to take action from DIBP, notice of sanction / warning issued which lists the specified period
    • notice of intention to take action from Fair Work Australia, notice of the outcome
    • notice of intention from NT WorkSafe
    • any other notices that would be relevant to assessing the good standing of the employer and an employer’s ability to fund ongoing employees (tax returns / debts etc), see Factsheet 1: Adverse information.

*Please note: The 'adverse information' documentation will not form part of the DTBI’s assessment but rather will be passed to the Department of Immigration and Border Protection to inform its assessment.