​​​​​​​​​​​​​​Designated area migration agreements proposed changes

A Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Government and a state or territory government or regional authority. It provides access to more occupations than the standard skilled migration program. DAMAs operate under an agreement-based framework, allowing regions to respond to their unique economic and labor market conditions.

Understanding the DAMA Framework

A DAMA is structured as a two-tier framework covering a defined regional area. The first tier consists of an overarching five-year deed of agreement (head agreement) with the region’s representative. The second tier comprises individual labor agreements with employers under the settings of the head agreement for that region.

The Role of Head Agreements

DAMA head agreements are established between the Australian Government and a Designated Area Representative (DAR). This representative is usually a state or territory government or a regional body, such as Chambers of Commerce, Regional Development Australia offices, or local government councils. These agreements contain a range of occupations and agreed terms that modify the skilled visa eligibility criteria, as negotiated between the parties involved.

Once a DAMA head agreement is in place, businesses in the region can seek individual DAMA labor agreements based on the terms and concessions outlined in the head agreement.

The department is currently supporting the transition to state and territory-led DAMAs.

Individual DAMA Labor Agreements

Individual DAMA labor agreements are established between the Australian Government and endorsed employers or businesses operating within the designated region. These agreements generally last for five years and utilize the subclass 482 Skills in Demand (SID), subclass 494 Skilled Employer Sponsored Regional (Provisional), and subclass 186 Employer Nominated Scheme (ENS) visa programs.

The Endorsement Process

Employers must seek and gain endorsement from the DAR before submitting a labor agreement request online through ImmiAccount. The online form in ImmiAccount outlines the requirements and supporting documentation needed for labor agreement requests. A DAMA will not be endorsed if the industry is covered by an Industry Labour Agreement, which includes fixed agreement terms.

Benefits of DAMA Labor Agreements

When a DAMA labor agreement is approved, the business can nominate and sponsor skilled and semi-skilled overseas workers for specific occupations. Each DAMA head agreement covers a specified range of occupations.

DAMAs ensure that employers prioritize the recruitment of Australian citizens and permanent residents. Among other requirements, employers must demonstrate a genuine effort to recruit Australians before accessing a DAMA labor agreement.

Conclusion

In summary, Designated Area Migration Agreements (DAMAs) provide a valuable pathway for businesses in designated regions to address labor shortages. By facilitating access to a wider range of occupations and allowing for tailored agreements, DAMAs play a crucial role in supporting local economies.

If you are considering applying for a DAMA or need assistance navigating the complexities of Australian immigration, it is essential to seek expert legal guidance. This will help ensure that you meet all requirements and maximize your chances of a successful outcome.