In Short
- A migration agreement helping Pilbara businesses hire skilled overseas workers to address local labour shortages.
- Businesses operating in Karratha, Port Hedland or East Pilbara that meet eligibility requirements can apply.
- This DAMA provides access to 135 occupations, with concessions for English, salaries and age limits for permanent residency.
Tips for Businesses
Plan ahead and ensure you meet eligibility criteria, including demonstrating workforce need and complying with salary standards. Start with the endorsement process early, as it takes time. Always provide clear evidence to support your applications for both endorsement and concessions under the scheme.
A DAMA (Designated Area Migration Agreement) is an agreement between the Australian Government and a local area, in this case, Pilbara, Western Australia. The objective behind a DAMA is to promote greater access to overseas workers for the designated area. The Pilbara, WA DAMA is an agreement between the Federal Government and the Regional Development Australia (RDA) Pilbara, in collaboration with the city of Karratha and the Town of Hedland. The Pilbara DAMA commenced in March 2022; a variation to the head agreement approved in January 2024 expanded the DAMA to include the Shire of East Pilbara and 69 additional occupations. This article explains how your business can utilise the Pillbara, WA DAMA to hire skilled workers from overseas.
What Are the Visa Categories Available Under This Scheme?
The Pilbara DAMA operates through the labour agreement stream for the employer-nominated scheme.
There are three visa categories available under this scheme:
- Temporary Skill Shortage Visa (Subclass 482 Visa);
- Employer Nominated Scheme Visa (Subclass 186 Visa); and
- Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494 Visa).
Who is Eligible to Apply Under This Scheme?
To be eligible to participate in this scheme, the:
- business must be operating in the:
- City of Karratha;
- Town of Port Hedland; or
- Shire of East Pilbara.
- business/employer must be lawfully operating within the Pilbara DAMA designated area for at least 12 months;
- nominated positions must be located and working in these areas;
- business must demonstrate a genuine need for the nominated occupation; and/or
- salary and working conditions proposed for the nominated position/s must at least be equivalent to an Australian worker performing in the same or similar role in the Pilbara region.
Please note that the nominated positions cannot be short-term engagements fulfilled by FIFO or DIDO workers.
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What Are the Steps in the PILBARA DAMA Pathway?
An employer or business that meets the eligibility criteria can apply for an endorsement, the first stage in this process.
Step 1: Request for Endorsement
As an employer, you must apply to the RDA Pilbara, the Designated Area Representative for Pilbara, to endorse your business, along with supporting evidence and documentation. The Pilbara DAR will assess the application based on various contributing factors, including:
- workforce demands and future needs;
- the number of positions that can be nominated for each occupation and for each concession;
- your business’ need for the nominated occupation/s and why they have not been filled; and
- labour market testing.
Once approved, the Business Endorsement under the Pilbara DAMA is valid for 12 months, before which step 2 must be completed.
Step 2: Request for Labour Agreement
After you receive an endorsement, you must apply to the Department of Home Affairs to obtain a Labour Agreement.
Please note you will need to lodge this application through ImmiAccount.
Step 3: Nomination Application
Once DOHA approves the labour agreement, your business has 12 months to nominate a skilled worker for the nominated position.
Step 4: Visa Application
Unlike the other steps, this step involves an application by the visa applicant or candidate.
Similar to the TSS visa application, nominated individuals must submit a 482 visa application to the department after the nomination is approved, with relevant evidence, such as:
- police clearance; and
- health examinations.
Which Occupations Are Eligible for Sponsorship Under This Scheme?
Currently, 135 occupations are eligible to qualify for sponsorship under the Pilbara DAMA program. The occupation list identifies the following:
- ANZSCO occupation level and concessions for English language requirements;
- Temporary Skilled Migration Income Threshold (TSMIT); and
- age requirements for the Permanent Residence pathway to specific occupations.
Occupations Specific to Pilbara
The Pilbara DAMA list included two new occupations not in the ANZSCO Occupation Classification. They are:
- Bar Attendant (Supervisor) – Skill Level 4; and
- Positive Behaviour Support Practitioner – Skill Level 1.
English Language Concessions
Certain eligible occupations under this scheme can receive an English language requirement concession, and the visa applicant will become an ‘exempt applicant’ for the 482, 494 and 186 visas.
Under an eligible occupation, for the 482 and 494 visas, an overall score of IELTS 5.0, subject to registration and licensing requirements, can be demonstrated. For the 186 visa, an average score of IELTS 5.0 with no component less than 4.0 or equivalent, subject to respective registration and licensing requirements, can be demonstrated.
Salary/TSMIT Concessions
The Pilbara DAMA allows for a TSMIT concession for skills level 3-5 occupations. Employers must provide a strong business case for applying this concession. Either Type 1 ‘Reduced TSMIT’ (up to 10% concessions to TSMIT) applies or Type 2 concession, which equates to a salary concession (up to 10%) and the inclusion of non-monetary earnings, can apply to eligible occupations.
Please note that from 1 July 2024, TSMIT or Temporary Skilled Migration Income Threshold is now $73,150.
Age Concessions
Under the ENS (subclass 186 visa) and SESR (subclass 494 visa) pathways, an age concession is available for up to:
- 55 years for skill levels 1 – 4 occupations; and
- 50 years for skill level 5 occupations.
Key Takeaways
The Pilbara, WA DAMA offers a tailored migration pathway to address workforce shortages in the Pilbara region. Your business can sponsor skilled overseas workers for a range of occupations. With its expanded scope, including new eligible areas and occupations, the program provides concessions for the English language, salary thresholds and age limits, making it accessible for employers and workers. This initiative not only supports the region’s economic growth but also provides opportunities for skilled migrants seeking employment in one of Australia’s most resource-rich areas.
If you are sponsoring an overseas worker, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A permanent residence pathway is available for subclass 494 (Skilled Employer Sponsored Regional) and subclass 186 (Employer Nominated Scheme) holders for eligible occupations under the Pilbara DAMA program.
No, the Pilbara DAMA does not permit FIFO workers for sponsored positions. All sponsored employees must live and work within the Pilbara DAMA designated area to ensure they contribute directly to the local community and economy.
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