On this page
- Legislative framework
- About the FNQ DAMA
- FNQ DAMA Occupation and Concessions List
- Which employers can access the FNQ DAMA?
- Recent updates
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.
About the FNQ DAMA
The FNQ DAMA is a skilled migration program that is tailored to the needs of our Far North Queensland region (FNQ). The FNQ DAMA differs in many ways from standard skilled migration pathways, providing more flexibility and certainty for both employers and workers. The key differences are*:
- An FNQ DAMA Occupation and Concessions List designed for our region, with a greater range of occupations not linked to standard occupation lists, and with no caveats;
- The ability to have occupations added (or removed) as local demands determine;
- Semi-skilled as well as skilled occupations (Skill Levels 1-5 instead of Skill Levels 1-3);
- The facility to design and include unique local occupations not in ANZSCO (the standard classification of occupations);
- Access to age concessions of 55 or 50 (depending on occupation) rather than the general age limit of 45 applying to most standard skilled migration pathways;
- Multiple visa options – SID 482, ENS 186, or SESR 494 (that leads to PRSR 191);
- Access to well-defined permanent visa pathways for all occupations in Skill Levels 1-5 (including direct access to ENS 186 in some circumstances based on prior work experience in FNQ);
- Concessions to experience requirements, compared to those in standard skilled migration pathways;
- Salary concessions for Skill Level 3-5 occupations (90% of TSMIT) if market salary is demonstrated to be below TSMIT, ensuring that worker terms and conditions of employment are not eroded;
- English language concessions for numerous occupations;
- More lenient Labour Market Testing requirements than standard requirements;
- Priority processing times.
The FNQ DAMA operates under a Labour Agreement framework. This means that employers can seek one occupation/position or multiple occupations and positions in a single agreement. It also means that prospective workers do not necessarily need to have been identified at time of applying, allowing for future planning. Individuals can then be nominated against the occupations and numbers of positions in the Labour Agreement. A Labour Agreement is generally valid for five years and can be varied during its lifetime (such as adding further occupations/positions).
As with all skilled migration, the priority is employment for Australians first. However, the FNQ DAMA provides a tailored and accessible option for employers seeking to fill one or multiple occupations and positions where they are genuinely unable to fill positions from the Australian labour market.
Which employers can access the FNQ DAMA?
To access a FNQ DAMA Labour Agreement, employers must first be endorsed by the Cairns Chamber of Commerce as the Designated Area Representative (DAR). Employers can access the FNQ DAMA if they*:
- are operating within the FNQ DAMA Designated Area which includes the following Local Government Areas: Cairns Regional Council, Douglas Shire Council, Mareeba Shire Council, Tablelands Regional Council, Cassowary Coast Regional Council, Cook Shire Council, Croydon Shire Council, Etheridge Shire Council, Torres Shire Council, Northern Peninsula Area Regional Council, and the Weipa Town Authority area;
- are viable and have been operating for at least 12 months unless there are exceptional circumstances;
- have no history of not meeting obligations to employees;
- are looking to employ Overseas Workers to fill full-time positions with duties that align with one or more of the occupations on the FNQ DAMA occupation list;
- can demonstrate they cannot fill the position locally with Australian citizens or permanent residents;
- can provide terms and conditions of employment to overseas workers that are in accordance with those offered to Australian workers employed in the region.
Recent updates
Fifty-one additional/new occupations available under the FNQ DAMA from 22 March 2025
The FNQ DAMA Head Agreement has been varied and now includes fifty-one additional occupations, bringing the total to 226. All forms and information guides have been updated and are now available in this website. Be sure to use only the current versions.
