The WA Government has launched a state-wide Designated Area Migration Agreement (DAMA), providing WA regional and metropolitan employers greater flexibility to engage migrant workers for occupations not usually available through standard skilled migration programs.

Written by Sheila Woods (MARN: 0533879) of Interstaff  27 August 2024

The new WA DAMA may particularly benefit employers finding it difficult to fill jobs in key areas of demand such as:

• Building and Construction
• Health and Aged Care
• Tourism and Hospitality
• Agriculture

Here’s what employers and migrant workers should know.

• What is a DAMA?
• The New WA DAMA | Why Employers Should Consider It
• How to Engage Migrant Workers Under a DAMA | Seeking Professional Advice
• How the WA DAMA Complements Other State Initiatives to Boost Workers for Industries with Critical Demand

What is a DAMA?

A DAMA is an agreement negotiated between the Australian Commonwealth Department of Home Affairs and a regional state or territory authority to cover the migration needs of a specific regional area and its unique economic and labour market conditions. It is usually available for a period of 5 years.

DAMAs allow employers to engage migrant workers under the below skilled visa programs, but with access to a broader list of skilled and semi-skilled occupations as well as various concessions for greater flexibility:

• Subclass 482 Temporary Skills Shortage (TSS) Visa
• Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa
• Subclass 186 Employer Nominated Scheme (ENS) (Permanent Residence) Visa

Concessions on standard visa requirements vary depending on the particular DAMA, but as an example, they may include greater flexibilities for English language proficiency, work experience and age limits.

The New WA DAMA | Why Employers Should Consider It

The new WA DAMA is the fifth for WA and is unique in the fact that it is available to employers state-wide across both metropolitan and regional areas. It operates alongside other DAMAs in WA that serve particular regional areas, such as the Goldfields, Kimberley, Pilbara and Southwest.

The WA DAMA will provide 5,000 placements to migrant workers annually (for 5 years), which will be equally split between metropolitan placements (2,500) and regional placements (2,500).

The WA DAMA can help to fill specific jobs in key areas of demand across the state including:

• Building and Construction
• Health and Aged Care
• Tourism and Hospitality
• Agriculture

One of the primary benefits of the WA DAMA is the ability to sponsor workers in occupations that are not on the standard Skilled Occupation Lists – including semi-skilled occupations and even those that may not be listed on ANZSCO (Australia New Zealand Standard Classification of Occupations).

271 occupations (Skill levels 1-4) are available through the WA DAMA in the metropolitan area, and 310 occupations (Skill levels 1-4) are available in regional areas.

Additionally, concessions available under the WA DAMA can make the employer sponsorship process more accessible and tailored to the specific needs of WA employers.

Recently at the 2024 WA Migration Institute of Australia Conference, representatives from the Department of Training and Workforce Development indicated that under the WA DAMA:

• Concessions for work experience may apply:
• Minimum 1 year for sponsorship under the TSS 482 Visa program
• Minimum 2 years for sponsorship under the Skilled Regional 494 Visa or Permanent Residence 186 Visa

• Concessions for age limits may apply (an increase from 45 years to 55 years for some applicants)
• Concessions for English Language Proficiency may apply depending on the skill level of the position and the type of occupation
• Permanent Residence (PR) pathways may become available after 2 or 3 years with the employer – depending on the occupation and if the position is metropolitan or regional
• Employers must offer a minimum two-year contract, with the possibility of further extension or permanent employment

• TSMIT (Temporary Skilled Migration Income Threshold) concessions may not be available, meaning migrant workers may need to be paid at least the relevant TSMIT that has been indexed for the year (at least $73,500 per annum for 2024/25)
• International students may be able to apply after completing their studies in Australia
• FIFO workers may be excluded

Given that the WA DAMA provides access to a broader list of occupations with various concessions and a pathway to Permanent Residency (PR), we expect it will benefit WA employers seeking to recruit and retain global talent in their organisation.

How to Engage Migrant Workers Under the WA DAMA | Seeking Professional Advice

Engaging migrant workers under the WA DAMA requires businesses to apply to be endorsed by Migration WA, which is the Government’s Designated Area Representative (DAR) for WA, and then negotiate a Labour Agreement with the Department of Home Affairs as detailed in the process below.

Accessing the WA DAMA

1) Determine eligibility

•  Whether your organisation meets the eligibility criteria to be endorsed as a WA DAMA nominating business
• Whether the position(s) you are seeking endorsement for are eligible on the Eligible WA DAMA Occupations List
• Understand concessions and pathways to PR that may apply when engaging a migrant worker for the position – you may wish to seek professional migration advice

2) Apply for WA DAMA Endorsement

• A Registered Migration Agent, such as Interstaff, can assist with the process of applying for endorsement, including advice on relevant business evidence and declarations to support your claims

3) Apply for a Labour Agreement

• If your endorsement application is approved, you will be able to progress to lodging a Labour Agreement with the Department of Home Affairs

How the WA DAMA Complements Other State Initiatives to Boost Workers for Industries with Critical Demand

Employers with a need to fill jobs in key areas of demand may welcome the Government’s decision in June 2024 to expand the State Nominated Migration Program to 5,000 placements for the 2024/25 program year after it had been cut to 2,350 placements in the year prior.

The WA SNMP prioritises skilled migration invitations for candidates with an occupation in a priority WA industry sector including:

• Building and Construction
• Healthcare and Social Assistance
• Hospitality and Tourism
• Education and Training

Applicants that receive an invitation can apply for a skilled visa independently with sponsorship by the state rather than an employer.

Although the process is typically very competitive, employing state-sponsored skilled migrants can be helpful for small and medium sized businesses that may have difficulty meeting employer-sponsored visa requirements.

Currently, there are reduced employment requirements for candidates invited for WA Building and Construction industry occupations.

Additionally, the 2024-25 WA SNMP program has an equal invitation ranking for interstate and overseas candidates, making it accessible to applicants both inside and outside Australia.

A Construction Visa Subsidy Program is also available to provide grants of up to $10,000 per skilled migrant to employers. The program is designed to help offset expenses such as visa application fees, relocation costs and migration agent fees. You can find out more on the WA Government website here.

Interstaff | Strategic Immigration for Business

In addition to the WA DAMA, several other DAMAs exist across Australia, each designed to address the unique labour market challenges of their respective regions. Read more about DAMAs in Australia here.

Established in 1988, Interstaff has over 35 years of Australian visa and migration experience and provides strategic immigration advice to businesses and individuals Australia-wide and internationally. MARN: 0533879.