What the Department of Trade, Business and Innovation assesses
Under the agreement with the Department of Immigration and Border Protection (DIBP), the Department of Trade, Business and Innovation (DTBI) must consider the following in order for a Northern Territory employer to access the Designated Area Migration Agreement (DAMA).
- Whether the business is operating and located in an area that is eligible under the Northern Territory DAMA
Only employers actively operating for at least 12 months are eligible to access the DAMA. All positions to be filled must be located in the Northern Territory.
- Employer’s workforce and needs
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: that while the endorsement to access the DAMA is for three years, endorsement of occupations and numbers of positions to be filled is valid for one year.
- 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
To access the English or Temporary Skilled Migration Income Threshold (TSMIT) concessions, employers will need to provide evidence in support of the concessions sought.
DTBI requires the completion of:
Employer / business profile
- Business Registration documents
- Trust Deed (if applicable)
- Promotional material, for example, website extract, advertisements etc
- Organisation chart of less than six (6) months old (showing the positions, reporting structure and number of employees).
|Evidence of active operation for at least twelve months
- Business Activity Statements (BAS) for the last twelve months and Financial Statements for the most recent financial year, or
- A statement from a registered chartered accountant or CPA confirming the business has been actively operating for at least twelve months and has the financial capacity to meet its sponsorship obligations. This must include net assets, profit / loss and turnover.
- Evidence the business is actively operating in the Northern Territory. This may include lease agreements, contracts, or company profiles.
|Adverse information (over the last five years)
- A statement outlining any investigations or audits undertaken in relation to the business
- Evidence of the outcome of any investigation or audits (if required).
|Domestic recruitment efforts
- A complete summary of domestic recruitment efforts table 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).
- A statement outlining any other reasons for seeking access to the Labour Agreement and why the standard Subclass 457 visa pathway is not suitable for their business. Also identify the potential impact on the business if the Labour Agreement is not approved.
|Evidence of market salary rate
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 payslips.
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 DAMA.|
|Evidence in support of any concessions sought - TSMIT concession
If a Northern Territory employer is seeking a Temporary Skilled Migration Income Threshold (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.
Please note: Overseas workers on temporary Subclass 457 visas are not eligible for government support including Medicare and the Pharmaceutical Benefits Scheme. As part of their visa conditions they must also maintain private health insurance for the duration of their 457 visa, unless Australia has a reciprocal health agreement with their country of citizenship.
|Occupations sought under the Labour Agreement
Position descriptions for each occupation you are seeking under a Labour Agreement specifying:
- registration or licensing requirements
- list of tasks that will be performed by an employee working in this occupation.