What is the Pilbara DAMA?

The Pilbara Designated Area Migration Agreement (DAMA) is a specialised migration pathway designed to address the unique labour shortages in the Pilbara region of Western Australia. The agreement between the Australian Government and the City of Karratha, offers a tailored solution by allowing employers in the Pilbara region to sponsor overseas workers for positions that are in critical demand but may not be covered under standard migration programs.

Unlike standard employer-sponsored visa programs, the Pilbara DAMA provides more flexibility, including access to a broader range of occupations and concessions on standard visa requirements. Employers in the Pilbara region who are struggling to fill key roles can apply to become endorsed sponsors under the DAMA, enabling them to nominate overseas workers for temporary and permanent visas such as the subclass 482 Skills in Demand visa, subclass 186 Employer Nomination Scheme visa, and subclass 494 Skilled Employer Sponsored Regional (Provisional) visa.

This blog will address which employers are eligible to participate, which occupations are covered, relevant concessions and information regarding the application process.

Which employers are eligible?

To determine if you are eligible to apply for endorsement, you must first consider these requirements.

1. Is your business operating and located in the City of Karratha, Town of Port Hedland or Shire of East Pilbara?
2. Have you been lawfully operating within the Pilbara DAMA designated area for at least 12 months?
3. Will all positions to be filled live and work in the City of Karratha, Town of Port Hedland or Shire of East Pilbara (e.g. cannot be FIFO)?
4. Do you have a genuine need for the occupation/s you are seeking to access under the Pilbara DAMA?
5. 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 have answered yes to the questions above, your business may be eligible to apply for endorsement.

Which occupations are covered by the Pilbara DAMA?

The Pilbara DAMA lists up to 135 occupations which are eligible for sponsorship. Please see the attached list for the occupations and concessions that are available. The Pilbara DAMA includes 2 non-ANZSCO occupations which are:

• 070499 Bar Attendant (Supervisor) - Skill Level 4
• 070499 Positive Behaviour Support Practitioner - Skill Level 1

What concessions are made?

Employers need to provide a business case to demonstrate their need to access the available concessions. It is important to note that these concessions are not available to all Pilbara DAMA occupations. The available concessions are:

• English Language Requirement Concession
• Age Concession
• Permanent Residence Pathway
• Temporary Skilled Migration Income Threshold (TSMIT)

English Language Requirement Concession

The full list of occupations eligible for the English Language Requirement Concession can be found here.

For the occupations that are eligible for the English Language concession, the following will apply:

• SID and SESR: average score of IELTS 5.0 with no minimum component (unless registration or licensing requires a higher level of English)
• ENS: average score of IELTS 5.0 with no component being less than IELTS 4.0 or equivalent (unless registration or licensing requires a higher level of English)

For the occupations that are not eligible for the English language concession, the overseas worker is required to meet the minimum standard English language requirements applicable to the SID, SESR and ENS non-labour agreement visa streams under the migration regulations.

IELTS is the International English Language Testing System or the equivalent in another accepted English language test. Other accepted English language tests are:

• Occupational English Test (OET)
• Test of English as a Foreign Language internet-based test (TOEFL iBT)
• Pearson Test of English (PTE) Academic test; or
• Cambridge English: Advanced (CAE) test

Age Concession

The age concessions for the ENS and SESR visa programs are:

• 55 years for overseas workers in skill level 1-4 occupations
• 50 years for overseas workers in skill level 5 occupations

Core Skills Income Threshold (CSIT) Concession

The CSIT Concession may not be available for all occupations included in the DAMA. It may be available to skill level 3-5 occupations and where employers can provide a strong business case. Employers seeking access to a CSITconcession will need to provide evidence that the salary and employment conditions being offered to an overseas worker are in line with market rates in the Pilbara region.

What are the required skills and work experience?

Skills Assessment

The minister may require a person to demonstrate that they have the skills that are necessary to perform the tasks of the nominated occupation by undertaking a skills assessment conducted by an independent Skills Assessing Authority.

Occupation Skill Levels 1-3

A mandatory skills assessment may be required under migration law for certain skill level 1-3 occupations which are listed as requiring an assessment in the relevant legislative instrument. Any application for an SID, SESR or ENS visa connected with these occupations must satisfy the skills, qualifications and experience required under the standard SID, SESR or ENS visa programs except:

• Where the relevant qualification was obtained in Australia, only one (1) year of relevant work experience (38 hours per week) is required for the SID visa program; or
• Only 2 years of relevant work experience (38 hours per week) is required for the SESR visa program

Occupation Skill Level 1-5

A skills assessment is required for applications lodged for the occupations listed here. For occupations approved under the Pilbara DAMA that are not on the combined eligible list of skilled occupations, the following skills, qualifications, experience and employment background criteria will apply to any nomination for these occupations or any application for a SID, SESR or ENS visa made under the Migration Legislation.

Qualifications

Qualifications are assessed by the relevant Skills Assessing Authority, specified in the labour agreement, as being at least equivalent to the relevant Australian Qualifications Framework (AQF) in order to assist the Minister’s decision as to whether the visa applicant has the necessary qualifications for the position.

Work Experience

Work experience to fulfil visa requirements must be:

• Relevant to the nominated occupation and at the required skill level
• Full-time or part-time pro rata equivalent unless otherwise specified. Full-time work should be in accordance with the National Employment Standards; and
• Undertaken in the last five (5) years

It is important to carefully check the details for your specific occupation to determine what level of skill and experience will be required.

How does the application process work?

Step 1: Complete Pilbara DAMA Request for Endorsement Form

Once you have determined that you may be eligible you must complete the Pilbara DAMA Request for Endorsement Form. You must ensure that all of the information required is completed in the form. If it is incomplete, or supporting information is not provided, it may delay the processing of your application.

This application will outline the occupations and number of workers that you are intending to sponsor.

RDA Pilbara will then assess your application for endorsement and provide initial feedback where required within 5 business days of the date of lodgement.

Step 2: Complete DAMA Labour Agreement Request

If your request for endorsement is successful the employer must then submit a request for labour agreement. RDA Pilbara will provide the employer with a guide that walks you through the online DAMA Labour Agreement Request process with the Department of Home Affairs. There is no charge to lodge this request. Once your labour agreement has been approved, your business has 12 months to nominate a skilled worker.

Step 3: Nominate a skilled worker

Once step 1 and 2 have been completed, the employer can then nominate a skilled worker. Employers can then nominate overseas workers up to the number limits specified in their Labour Agreement, these nominations are made under the Labour Agreement Stream.

Step 4: Overseas worker applies for visa

Once a nomination has been approved, the overseas worker can then apply for their visa.

Although this process appears complicated and can be confusing for individuals and businesses alike, at Australian Migration Lawyers we are highly-experienced in assisting our clients apply for visas that involve a DAMA. For more information or tailored advice, contact us today.

Labour Market Testing Requirements

Labour Market Testing (LMT) is a process required by the Australian government to ensure that employers have made genuine efforts to find qualified and experienced Australian citizens or permanent residents to fill a job vacancy before they seek to sponsor a skilled worker from overseas. To receive a DAR endorsement to employ overseas workers under the Pilbara DAMA, you have to show that you have not been able to get suitable qualified and skilled Australian citizens or permanent residents to fill the position.

You must provide evidence of your local recruitment efforts over the last twelve months. This is generally facilitated by a 28-day period of advertising on two separate platforms, however it is best to show any additional attempts in the past, such as ads on local noticeboards, training programs, and anything else that shows you have been actively trying to find Australian workers. These additional attempts will greatly strengthen your application.

The standard of labour market testing including duration, content and eligible mediums of advertising are available on the Department of Home Affairs website.

Frequently Asked Questions

What are the fees and charges?

A non-refundable processing fee of $350 plus GST (per position) is payable to the RDA Pilbara before the application can be assessed. There is no charge associated with lodging the DAMA Labour Agreement Request. For more information regarding fees and charges you can go to the Department of Home Affairs website.

Will employers in regions with existing DAMAs be able to nominate workers under the new WA DAMA?

Employers will be able to continue to access the occupations and concessions under the Pilbara DAMA. The new state WA DAMA allows employers access to a broader list of occupations and concessions. However, employers accessing DAMA in their local region should continue to seek endorsement from the relevant Designated Area Representative for the region, rather than the broader WA DAMA

Who should employers contact to nominate a worker under a DAMA in WA?

Employers must first gain endorsement from the DAR prior to lodging a Labour Agreement Request with the Department of Home Affairs. For employers seeking to access the new WA DAMA, they should contact the WA Government’s Department of Training and Workforce Development. For employers seeking access to existing DAMAs in their local region they should contact the DAR of the relevant region.

Which occupations are included in the Pilbara DAMA?

The Pilbara DAMA includes 135 occupations across multiple industries. The approved list of skilled workers includes jobs such as childcare workers, hospitality supervisors and aged or disabled carers to help fill shortages in these industries.

Do workers who migrate through the DAMA have to reside in the Pilbara region?

Yes. All workers employed in Australia under the Pilbara DAMA are required to live and work in the City of Karratha, Town of Port Hedland or Shire of East Pilbara. FIFO/DIDO is not permitted under the DAMA.

As a skilled worker, can I apply to migrate to the Pilbara region under the DAMA?

No. The Pilbara DAMA is an employer-sponsored visa program and individual workers cannot apply for a visa independently.

Are the employers involved in the recruitment of the migrant? How does the recruitment process work?

Yes. The employer needs to research and advertise. Find out what other businesses have done before and speak to them to find out what worked well for them. RDA Pilbara does not assist with finding employees or immigration.

What is the approximate visa processing time frame?

As the visa application is through the Department of Home Affairs, the approximate time frame is 3-6 months, however, processing of an application under a DAMA is a priority. Check the Department’s website for global processing times.

Can the skilled worker I nominate work in FIFO?

No. As a condition of the Pilbara DAMA, the worker who is sponsored under the DAMA must live and work in the City of Karratha, Town of Port Hedland or Shire of East Pilbara.

Conclusion

The Pilbara DAMA offers a strategic and flexible solution to address the ongoing labour shortages in the Pilbara region of Western Australia. The agreement provides employers with the opportunity to sponsor skilled overseas workers for roles that are hard to fill locally. The agreement offers particular key concessions such as reduced requirements for English language proficiency, age and salary thresholds, making it an attractive option for both employers and employees seeking opportunities in Australia.

Navigating the complexities of the Pilbara DAMA application process can be challenging and employers and migrants alike must understand the specific requirements and nuances involved in utilising the DAMA effectively. For employers, understanding the steps involved to becoming an endorsed sponsor under the DAMA is critical, and for migrant employees, knowing how to qualify for the available visa options is equally important. Engaging an Australian Migration Lawyer can help navigate these complexities which often result in delays, increased costs or application rejection.

At Australian Migration Lawyers we are experts in providing legal advice and support for employers and individuals looking to leverage migration pathways like the Pilbara DAMA. Contact us today to learn more about how we can assist you in making the most of the Pilbara DAMA.