Great South Coast DAMA
How Businesses are Assessed

How Businesses are Assessed

The process for assessing employers for DAMA endorsement is not prescribed by the Commonwealth. Notwithstanding, the Commonwealth does require that a decision by the DAR to endorse an employer should demonstrate consideration of the risk(s) that the request might pose to the integrity of the program, and whether the employer’s participation in the DAMA will support its objectives. 

The DAR must also confirm that the employer has genuinely sought to recruit Australian citizens or permanent residents into the requested occupations.

The following information highlights key aspects of a request that the DAR will consider.

1.    Requested occupation and concessions available and approved in the DAMA

  • Whether the occupations and concessions sought are available

2.    Impact on ceiling numbers and distribution

  • The extent of the impact the request has on the total (ceiling) number of positions available for the year
  • Consideration of the impact on an equitable distribution of ceiling numbers across sectors and the region

3.    Employer has been lawfully operating for more than 12 months

  • Is the employer already a standard business sponsor? If not, they are required to provide evidence of business registration that the DAR can verify.
  • Is there evidence the business exists and operates in the location claimed?

4.    Employer is financially viable

  • Is the employer already a standard business sponsor. If not, have they provided evidence of financial capacity to employ the number of requested overseas workers and meet sponsorship obligations.

5.    The position is genuine and there is a genuine vacancy

  • The position/occupation requested makes sense in the broader context of the business purpose and structure.
  • Does the occupation fit into the business context
  • Does the position make sense given the size and nature of the business
  • Does the information contained in the LMT match the requested occupation, position description/ employment contract, task and skill requirements

6.    Labour Market Testing (LMT) has been completed in accordance with requirements

  • Whether the employer has genuinely sought to recruit Australian workers first.
  • Does the content of the LMT correspond to the requested occupation

7.    Employment terms and conditions are reasonable and lawful

  • Stipulated work hours in employment contract align with Australian workplace laws and/or relevant instruments.
  • Overseas workers must receive terms and conditions of employment no less favourable than an Australian worker. Terms and conditions of employment are expected to be consistent with local remuneration practices for that occupation.

8.    Recent changes to workforce composition (redundancies or retrenchments)

  • Any redundancies or retrenchments that have occurred in the last six months.
  • Are there media articles of the business closing down and laying off workers?
  • Has there been a high turnover of workers or ‘casualisation’

9.    Concessions will not undermine Overseas Worker’s ability to support themselves or lead to exploitation

  • Overseas workers must receive terms and conditions of employment no less favourable than an Australian worker.

10.    Adverse information about employer

Has the employer or any associated (including previous) entities, been:

  • investigated or audited in the last five years by the Office of the Fair Work Ombudsman, or former authority with this function, or relevant state government authority, in relation to compliance with workplace relations provisions
  • investigated or audited by the relevant state government authority in relation to compliance with work health and safety provisions in the last five years; and
  • investigated or audited in the last five years in relation to its compliance with migration provisions.

11.    Concessions are reasonable with regard to current labour market conditions in the region

  • Do the requested concessions make sense in relation to the occupation requested and the location where the Overseas Worker will be working?
  • Is it a remote location where independent accommodation may not be available?
  • Does the Local Council endorse the occupation requested in the location requested? 

12.    Skills Assessment

  • Has the employer interviewed the potential Overseas Worker/s?
  • Has the employer reviewed and confirmed that the Overseas Worker/s will satisfy the Qualifications, Skills and Experience requirements of the Occupation requested?
  • Has the employer committed to ensuring that the Overseas Worker/s will be able to satisfy any licence/registration requirements?

13.    Availability of accommodation for the Overseas Worker

  • Has the employer provided evidence that suitable housing accommodation is available for the Overseas Worker within reasonable proximity to their work site?
  • Is the accommodation suitable for the Overseas Worker’s needs?

14.    The endorsement supports the DAMA objectives

  • When considered holistically, does the request and evidence provided accord with the objectives outlined in DAMA?