Where Do I Start?
Is your business operating and located in the City of Karratha or Town of Port Hedland?
Have you been lawfully operating within the Pilbara DAMA designated area for at least 12 months?
Will all positions to be filled live and work in the City of Karratha or Town of Port Hedland (cannot be FIFO/DIDO)?
Do you have a genuine need for the occupation/s you are seeking to access under the Pilbara DAMA?
Will the salary and conditions proposed for the overseas worker/s be at least equivalent to what would be acceptable for an Australian citizen or permanent resident in that occupation/position in the Pilbara region?
If you can answer YES to be above questions, then you can apply for endorsement.
To access the Pilbara DAMA, an employer must first apply to the DAR (RDA Pilbara) for endorsement.
Note that obtaining a Pilbara DAMA labour agreement with pre-approved occupations is a three-stage process. Requesting endorsement from the Pilbara DAR and obtaining the labour agreement is the first of those stages. Nominating individual overseas worker/s and obtaining their visa/s is a further two stages.
By requesting to seek endorsement of the Pilbara DAR, you are requesting to be able to:
Access the Pilbara DAMA; and
request to enter into a Pilbara DAMA Labour Agreement with the Commonwealth of Australia (the Commonwealth).
You can only access a Labour Agreement under the Pilbara DAMA if you have first been endorsed by the DAR to do so. You understand and accept that the Pilbara DAR is under no obligation to endorse you to access a Labour Agreement.
The Pilbara DAR cannot require the Commonwealth to agree to enter into a Labour Agreement with you and will not be a party to any such Labour Agreement.
The Purpose of a Labour Agreement under the Pilbara DAMA
A Labour Agreement under the Pilbara DAMA is a legally binding agreement made between you and the Commonwealth, usually valid for five (5) years, aimed at allowing you to sponsor overseas workers under the below visa programs:
Temporary Skill Shortage (TSS) Subclass 482 visa;
Skilled Employer Sponsored Regional (Provisional) (SESR) Subclass 494 visa;
Employer Nomination Scheme (ENS) Subclass 186 visa.
Considerations by the Pilbara DAR
When accessing an application for endorsement, the DAR considers all the following factors to determine if a business can use the DAMA.
1. What your workforce needs are:
The DAR will assess your current and future workforce needs;
How many positions can be nominated for each occupation and for each concession.
2. Why your business has a need for the occupation/s and position/s your are seeking, and why you have not been able to fill them.
3. Evidence of Labour Market Testing (LMT).
PLEASE NOTE: A DAR endorsement of occupations and the number of positions to be filled is only valid for one year.
For examples on how a DAMA works, please refer to the following case studies.
Thank you to the East Kimberley CCI for allowing us to use these case studies.