SPECIALIST EMPOYER SPONSORSHIP
Labour Agreements & DAMA
Employer-sponsored pathways where standard skilled visa programs may not meet workforce needs.
Labour agreements can allow approved businesses to sponsor overseas workers where there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available.
ARRANGEMENT
Company-specific · Industry · DAMA
VISA TYPE
482 · 494 · 186
TYPICAL AGREEMENT TERM
Generally up to 5 years
WHO APPLIES
Australian employers
Available occupations, concessions and visa pathways depend on the particular labour agreement or DAMA.
Is a DAMA or Labour Agreement right for your business?
For businesses with genuine workforce needs that cannot be met through the standard employer-sponsored visa pathways.
Labour Agreements and DAMAs can provide access to employer-sponsored pathways where standard visa arrangements do not meet a business's workforce needs. Depending on the particular agreement, this may include access to additional occupations or concessions that are not available through the standard programs.
These pathways are designed for particular workforce circumstances rather than as an alternative to the standard employer-sponsored program. The available options depend on factors such as the employer's industry and location, the occupation required, demonstrated recruitment needs and the terms of the relevant agreement. Some businesses may be able to access an existing industry or regional arrangement, while others may need to consider a company-specific Labour Agreement..
02
Appropriate agreement pathway
The business must identify the appropriate arrangement, whether a company-specific or industry labour agreement, or access through an applicable DAMA.
01
Genuine workforce need
The employer must demonstrate a genuine need for overseas workers that cannot be adequately met through the Australian labour market or standard employer-sponsored pathways
Key requirements for a Labour Agreement or DAMA
03
Occupation & position
The proposed occupation and position must be available under, or appropriate for, the particular agreement being sought. Occupation requirements vary between agreements and DAMAs.
04
Recruitment & labour market evidence
Employers may need to demonstrate efforts to recruit Australian workers and provide evidence supporting the workforce need for the nominated positions.
05
Salary & employment conditions
Salary and employment conditions must meet the requirements applying to the relevant visa and labour agreement, including any applicable market salary requirements.
06
Worker requirements & concessions
The proposed worker must meet the requirements applying to the occupation and visa pathway. Depending on the agreement, concessions may be available for matters such as English, age, salary or work experience.
How the pathways work.
Designated Area Migration Agreements
DAMA
For employers operating in a designated region covered by a DAMA.
01 — Check the DAMA
Confirm the business location, occupation and proposed worker fall within the relevant DAMA settings, including any available concessions.
02 — Seek regional endorsement
Apply to the relevant Designated Area Representative for endorsement under the DAMA and meet its particular employer and workforce requirements.
03 — Labour Agreement & nomination
Following endorsement, complete the required Labour Agreement process and nominate the position under the relevant visa pathway.
04 — Visa application
The worker applies for the relevant visa and must meet the requirements applying under the DAMA and nominated occupation.
Company Specific Labour Agreements
CoSp LA
For employers whose needs cannot be met through standard sponsorship, a DAMA or an existing industry arrangement.
01 — Establish the business case
Identify the occupations and positions required, why standard sponsorship pathways do not meet the business need and any concessions being sought.
02 — Demonstrate workforce need
Provide evidence of recruitment efforts, workforce planning and the genuine need to access overseas workers.
03 — Request the Labour Agreement
Submit the Labour Agreement request to the Department for consideration and negotiation of the proposed terms.
04 — Nomination & visa application
Once the agreement is in place, eligible positions can be nominated and workers can apply under the visa pathways provided by the agreement.
Labour Agreements
Established industry Agreements
For employers in an industry covered by an existing Labour Agreement with agreed occupations and settings.
01 — Check the industry agreement
Confirm the business, occupation and proposed position fall within the relevant industry arrangement.
02 — Meet industry requirements
Establish that the employer and proposed workers meet the requirements specified for that agreement.
03 — Access the agreement
Complete the applicable Labour Agreement process to obtain access to the industry arrangements.
04 — Nomination & visa
Nominate eligible positions and lodge visa applications under the pathways provided by the agreement.
Available occupations, concessions, visa pathways and permanent residence options depend on the particular agreement and applicable requirements.
Things to check before starting
What occupations or concessions are needed?
Identify the occupations required and whether the business needs access to concessions relating to matters such as English, age, salary or work experience. What is available depends on the particular agreement.
A Labour Agreement may not be the appropriate starting point.
A Labour Agreement should not be the automatic starting point. Check whether the position and worker can be sponsored through the standard employer-sponsored visa programs before pursuing an agreement pathway.
Which arrangement applies?
Consider whether the business can access a DAMA or existing Industry Labour Agreement, or whether a Company-specific Labour Agreement may be required.
Is the business ready for the process?
Labour Agreement pathways can require substantial evidence about recruitment, workforce needs, business operations and proposed positions. The requirements, costs and time involved should be understood before starting.
Not sure which sponsorship pathway is right for your business?
Labour Agreement pathways can be complex, and the appropriate option depends on the business, position, occupation and proposed worker. We can assess the circumstances and identify the options before significant time and cost are committed.