Pilbara Designated Area Migration Agreement (DAMA)

On this page

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 PILBARA DAMA

The Pilbara DAMA exists to provide businesses in the City of Karratha, the Town of Port Hedland and the Shire of East Pilbara with a mechanism to address current workforce shortages and to support future workforce planning. It is a priority for RDA Pilbara and the Federal Government to always promote jobs for Australians first, however, the DAMA allows employers who are unable to find suitably qualified Australians to supplement their workforce with overseas workers.

As the overseas worker is being sponsored through a labour agreement, it ensures the terms and conditions they receive are no less favourable than those provided to Australian workers. This provides protection for both employers and employees.

The Pilbara DAMA is accessible to all employers operating in the City of Karratha, Town of Port Hedland and Shire of East Pilbara, that meet the employer requirements.  The Pilbara DAMA head agreement specifies a range of eligible occupations, as well as agreed terms and concessions to the skilled visa eligibility criteria.

CONCESSIONS

Employers need to provide a business case to demonstrate their need to access available concessions (for each occupation and each concession). The available concessions are:

  • Concession to English Language Requirement
  • Age Concession
  • Permanent Residence Pathway
  • Temporary Skilled Migration Income Threshold (TSMIT)/ Core Skills Income Threshold (CSIT) Concession

NOTE:
Concessions are not available for all Pilbara DAMA occupations – please refer to the relevant documents under the concessions below for further information.

Occupations Eligible for the English Language Requirement Concession

The full list of occupations eligible for the English Language Requirement Concession is available here.

IELTS means 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.

The English language requirements may be met if a visa applicant would be regarded as an ‘exempt applicant’ for the purpose of the legislative instruments applicable to SID, SESR and ENS visas.

For any 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.

For the Occupations that are eligible for the English Language concession, the following applies:

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).

Age Concession

​Age concession for the ENS and SESR visa programs of:

  • 55 years for Overseas Workers in skill level 1-4 occupations listed in the table here
  • 50 years for Overseas Workers in skill level 5 occupations listed in the table here

​Permanent Residence Pathway

The full list of occupations eligible for Permanent Residence Pathway is available here.

A permanent residence pathway for Overseas Workers may be available via the Subclass 494 (Skilled Employer Sponsored Regional) (SESR) and through Subclass 186 (Employer Nomination Scheme) (ENS) visa program for all applicable occupations under the Pilbara DAMA.

The following conditions will ordinarily be included in a Labour Agreement and will apply to any nomination for an ENS visa (in addition to the ENS requirements outlined in the Migration Legislation).

While it does not expressly require that the employment be with the same employer over the entire three year period, the continuity of occupation and employment during the final period may be a relevant consideration.

** Please note that there is no direct-entry pathway to the ENS 186 visa. Workers are required to work a minimum of 3 years under the Pilbara DAMA, in the applicable occupation (or closely related occupation) before being eligible for the ENS 186.

Pre-Nomination Work Requirements

  1. The Overseas Worker, at the time of an application for approval of the nomination in relation to an ENS visa (‘the ENS nomination’), holds a SID visa, a Subclass 457 visa (or a bridging visa in association with a TSS/457) visa; and
  2. The Third Party’s ENS nomination identifies an Occupation in the Pilbara DAMA that was the subject of the most recently approved SID visa for the Overseas Worker; and
  3. The Overseas Worker has been employed on a full-time basis (minimum 38 hours per week), in the ENS nominated occupation, an applicable occupation under the Pilbara DAMA, or a closely related occupation that is, also specified in the Pilbara DAMA, for a period of at least three (3) years before the ENS nomination is made;
  4. For the whole time that the Overseas Worker was employed in accordance with paragraph c):
    1. He or she must have held a SID visa, a Subclass 457 visa (or a bridging visa in association with a SID/457) visa; and
    2. He or she must have worked in the Pilbara Designated Area

Post-Nomination Employment Commitment

  1. The employer must also demonstrate an intention to employ the worker in the nominated position on a full-time basis for at least two (2) years following visa approval, and
  2. The terms and conditions of employment of the Overseas Worker will not include an express exclusion of the possibility of extending the period of employment.

PILBARA DAMA OCCUPATIONS

There are 146 occupations which are eligible for sponsorship under the Pilbara DAMA.

Please see the attached list for the occupations and concessions that are available. Occupations are listed alphabetically.

Occupations not in ANZSCO

The Pilbara DAMA includes two (2) non-ANZSCO occupations.

Please click on the occupation for the full position description. The skills, qualifications and experience required for these occupations is included with the position description.