Kimberley Designated Area Migration Agreement (Kimberley DAMA)

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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.

Kimberley Designated Area Migration Agreement (Kimberley DAMA)

The priority for the EKCCI is always to promote jobs for Australians first. However, the EKCCI and East Kimberley industry have highlighted the need for improved access

to overseas workers on a sustainable basis where occupations and positions are not able to be filled from the Australian labour market.

The Kimberley DAMA is an agreement between the EKCCI and the Federal Government that allows employers operating in the Kimberley region to access a broader range of occupations than standard skilled migration avenues, and with numerous concessions including experience, age, and in some cases salary and English, among others. These arrangements help employers attract and retain the right people to our region on a sustainable basis, where they have not been able to fill positions from the Australian labour market.

The Kimberley DAMA Designated Area aligns with the Local Government Area of the Shire of Wyndham East-Kimberley, The Shire of Broome, The Shire of Halls Creek, and The Shire of Derby-West Kimberley. Employers requesting endorsement must have operations in the Designated Area, and the position/s being sought must be located within the operations of the employer within the Designated area.

The Kimberley DAMA is accessible to all employers operating in the Kimberley region and is not exclusive to EKCCI members.

Some key Kimberley DAMA concepts

The Kimberley DAMA operates in a different way to standard skilled migration programs, using a labour agreement framework. This means that:

  • An employer can obtain their own labour agreement, valid for five years, that includes:
    • Pre-approval for one or more occupations and positions in a broad range of skilled and semi-skilled occupations, beyond the standard occupations shown in the programs;
    • Concessions not available in standard programs, that provide incentives to attract and retain overseas workers to those positions, such concessions to age, English language, work experience (among others), and well-definted visa pathways.
  • An employer does not need to have identified the prospective worker/s to access a Kimberley DAMA labour agreement:
    • The employer may nominate (‘sponsor’) overseas workers already in their employ; or
    • Attract suitably skilled and experienced overseas workers by having occupations and positions pre-approved, with concessions.
  • The five-year Kimberley DAMA labour agreement can be varied based on changing business need, adding additional or new occupations and positions, or adding further concessions that are available if necessary.

Occupations and concessions under the Kimberley Designated Area Migration Agreement

The Kimberley DAMA occupation list is different to standard skilled migration programs and includes a range of concessions not accessible through those standard programs. To view or download the Kimberley DAMA – Occupation List (public version) (v5.1), Be sure to read the explanatory notes at the end of the list to learn what the concessions mean.