- The business must be actively and lawfully operating in the designated area of South Australia for more than 12 months and be financially viable.
- The business must disclose any associated adverse information.
- The vacant positions must be located in the designated area defined by the chosen Agreement.
- Employers will be required to meet sponsorship obligations.
- The business must assess the current and future workforce needs, taking into consideration any changes to the business’ workforce composition in the last 6 months
- Employment terms and conditions must be reasonable and lawful and align with Australian workplace laws and/or relevant instruments.
- The position must be permanent full-time, and duties must align with the nominated occupation.
- Employers must provide the Overseas Worker with an amount of Annual Earnings which is equal to or greater than the Annual Market Salary Rate and TSMIT. (TSMIT concession is available for eligible occupations.)
- The business must demonstrate the position is genuine and there is a genuine vacancy.
- The business must confirm there are no Australians and permanent residents able to fill the position by undertaking sufficient Labour Market Testing in accordance with Department of Home Affairs’ requirements. Labour Market Testing requirements are currently as follows:
| Location of Business | LMT Requirements |
|---|---|
| Category 2 | The Sponsor must be able to demonstrate at least 3 seperate advertisements to test the Australian labour market for the nominated occupation, and must include one advertisement on the Government’s Jobactive website. Category 2 location means a location within Australia with a postcode that is designated as a regional area of Australia and under the category ‘Cities and major regional centres’ for skilled migration purposes. See: Designated Regional Postcodes |
| Category 3 | The Sponsor must be able to demonstrate at least 2 separate advertisements to test the Australian labour market for the nominated occupation. One advertisement must have national reach. The other may be advertised locally (within the designated area only). The evidence provided should be equivalent to that required under the Standard skilled visa program but may include advertising conducted on either the Sponsor’s and/or industry website. Category 3 location means a location within Australia with a postcode that is designated as a regional area of Australia and under the category ‘Regional centres and other regional areas’ for skilled migration purposes. See: Designated Regional Postcodes |
Adverse information about your business may have an impact on endorsement of the South Australian DAMA. It must be disclosed in your application and includes any investigation, conviction, finding of non-compliance, administrative action or legal proceeding relating to a federal, state or territory law, particularly, but not limited to:
- Immigration
- Industrial relations
- Occupational health and safety.
If a current or past business has been investigated or audited during the last five years you must provide the Government of South Australia with details on why this happened and on the outcome. You should explain any mitigating circumstances that you think should be considered.
The following information is required:
- The nature of the adverse information
- How the adverse information arose, including the credibility of the source of the adverse information
- In the case of an alleged contravention of a law, whether the allegations have been substantiated or not (copy of court/tribunal decision)
- Whether the adverse information arose recently or some time ago
- Whether your business has taken any steps to ensure the circumstances that led to the adverse information does not happen again
- Information about findings made by a relevant authority* in relation to the adverse information and the significance attached by the competent authority to the adverse information. If the Government of South Australia has endorsed your business, this does not guarantee that the Australian Government will approve a labour agreement to your business.
*Relevant authorities include the following:
- The Department of Home Affairs or another Australian Government agency
- The Office of the Fair Work Ombudsman, or former authority with this function, or the relevant state or territory government authority in relation to compliance with workplace relations provisions
- The relevant state or territory government authority in relation to compliance with occupational health and safety provisions.
The skills, qualifications and work experience required by the nominee (visa applicant) is determined by the nominated occupation and the skills list on which it appears. The nominee will need to meet these requirements to be eligible for 482 / 494 / 186 nomination under the DAMA program.
The following provides a general guide only to the requirements.
Employers must refer to the DAMA occupation list for the required qualifications, skills and work experience for individual occupations.
All qualifications must meet the minimum relevant AQF qualification or equivalent duration work experience to substitute for the qualification.
All work experience:
- Must be in the nominated occupation, or a related occupation at the same skill level.
- Can be undertaken prior to commencing study, while studying or post-qualification.
- Can be undertaken as part of a formal arrangement such as internships, industry and clinical placements, apprenticeships and traineeships, and work experience required through the Job Ready Program (JRP).
- Can be served concurrently with any work experience used to substitute for formal qualifications as per ANZSCO requirements, provided that the work experience was at the same skill level.