On this page
- Legislative Framework
- Designated Area Migration Agreement (DAMA)
- South Australian DAMA Agreements
- Who can access DAMA labour agreement?
- DAMA Occupation Lists
Legislative Framework
A designated area migration agreement (DAMA) is an overarching labour agreement in place for a particular region of Australia. The process largely sits outside of a legislative framework, with most requirements outlined under policy only. It is a formal agreement between the Australian Government and a regional, state or territory authority.
Migration Act 1958 (the Act) and Migration Regulations 1994 (the Regulations) and associated administrative processes.
The Regulations do, however, set out the requirements that are required to be met where TSS, ENS or SESR nomination or visa applications are lodged under a labour agreement.
In addition, there are provisions in the Act and Regulations that define the terms ‘Work Agreement’ (WA) and ‘Labour Agreement’. The Regulations also include limited provisions regarding requirements for entering into a WA.
As outlined in Regulation 2.76, a Work Agreement is a type of LA. It must:
- be between:
- the Commonwealth, as represented by the Minister, or by the Minister and one or more other Ministers; and
- a person*, an unincorporated association or a partnership; and
- be a LA that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a TSS visa; and
- be in effect (i.e. signed by all parties).
It provides access to more overseas workers than the standard skilled migration program. DAMAs operate under an agreement-based framework, providing flexibility for regions to respond to their unique economic and labour market conditions.
Individual DAMA labour agreements are between the Australian Government and endorsed employers/businesses operating within the relevant designated region. They:
- are generally in effect for five years, and
- use the subclass 482 Temporary Skills Shortage (TSS), subclass 494 Skilled Employer Sponsored Regional (Provisional), and subclass 186 Employer Nominated Scheme (ENS) visa programs.
Application process and how to apply for the Northern Territory Designated Area Migration Agreement.
Designated Area Migration Agreement (DAMA)
The DAMAs enable South Australian employers to sponsor skilled overseas workers for positions they are unable to fill with local workers. Employers experiencing skills and labour shortages can apply for endorsement to enter into a DAMA labour agreement.
The following diagram outlines the end-to-end process for applying for this visa. As an employer, you are first required to seek endorsement from the DAR (Skilled & Business Migration).
This enables them to sponsor skilled and semi-skilled overseas workers with more flexible requirements than are available via the standard skilled visa programs.
South Australian DAMA Agreements
The South Australian Government has entered into two DAMAs:
Adelaide Technology and Innovation Advancement Agreement
This agreement focuses on Adelaide’s high-tech growth industries including defence, space, technology and advanced manufacturing industries. The Adelaide City Technology and Innovation Advancement Agreement is the Designated Area Migration Agreement (DAMA) covering metropolitan Adelaide.
South Australian Regional Workforce Agreement
This agreement focuses on South Australia’s regional high growth industries including agribusiness, forestry, health and social services, tourism and hospitality, construction and mining. The South Australian Regional Workforce Agreement is the Designated Area Migration Agreement (DAMA) covering the entire state of South Australia.
Who can access DAMA labour agreement?
The DAMA is intended to assist local businesses to meet their skills needs. Individuals cannot apply directly for a DAMA labour agreement.
Who should apply for a DAMA Labour agreement?
This program is for South Australian Businesses that:
- Have identified a skills or labour shortage that they cannot fill locally
- Have vacancies for occupations that are available on the DAMA Occupation Lists for South Australia, or occupations with duties that align with the nominated occupation
- Have permanent full-time positions vacant which cannot be filled locally
Who can you nominate?
An employer can nominate Skilled migrants living overseas or temporary residents currently in Australia.