Factsheet 1: Adverse information · Factsheet 1: Adverse information ... band score of at least 5.0 with no individual test component result in: Speaking, Reading, Writing and Listening

Contact Margie Dizon at Migration Corporation of Australia, 08 8948 1995 www.migrationcorporation.com.au

Factsheet 1: Adverse information

What is adverse information?

For the purposes of a request for endorsement to access the Northern Territory DAMA, adverse

information about a business may include: any investigation, conviction, finding of non-compliance,

administrative action, or legal proceeding in relation to a Commonwealth, State or Territory law

relating to Immigration, Industrial Relations or Occupational Health and Safety.

What must be disclosed?

When making a request for endorsement to access the Northern Territory DAMA to the Department of

Business, the employer must provide a statement confirming that their business, or any associated

entity the employer may have been previously associated with, has not been investigated or audited

in the past five years in relation to:

compliance with migration provisions

compliance with industrial relations and workplace relations provisions, and

compliance with Occupational Health and Safety provisions.

If the current business, or an entity with which the employer has been previously associated has been

investigated or audited during this period of time, details of the outcomes of those investigations or

audits must be provided.

What do I do if my business has been investigated or audited?

If a business has been investigated or audited it should provide information explaining why this

happened as well as any mitigating circumstances that may apply and should be considered.

The statement that is provided with the request for endorsement should provide information on the

following:

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

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 do not recur, and

information about relevant findings made by a relevant authority* in relation to the adverse

information, and the significance attached by the competent authority to the adverse

information.

*A relevant authority includes the following:

the Department of Immigration and Border Protection (DIBP)

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

http://www.migrationcorporation.com.au/


the relevant State or Territory government authority in relation to compliance with occupational

health and safety provisions.

What happens if my business receives endorsement?

If the Department of Business endorses a business to access the DAMA after considering

the adverse information, it will provide the DIBP with information about the outcomes of the

investigation or audits, along with any statements about mitigating circumstances the employer may

provide. The DIBP will then take this into consideration when negotiating a Labour Agreement under

the DAMA with the employer.

The fact that the Department of Business has endorsed an employer does not necessarily mean that

the DIBP will agree to grant a Labour Agreement to the business.

Factsheet 2: Occupations and concessions

What occupations are available under DAMA?

Please refer to the list of sponsored occupations.

How do the DAMA concessions compare with the Standard Business Sponsorship requirements for a Subclass 457 visa?

A. English language proficiency

Standard Subclass 457 sponsorship requirements

When sponsoring an overseas worker under the Standard Business Sponsorship arrangements for a

Subclass 457 visa, the overseas worker will need to demonstrate that they meet one of the following

requirements:

1. That they have achieved an International English Language Testing System (IELTS) overall

band score of at least 5.0 with no individual test component result in: Speaking, Reading,

Writing and Listening being less than 4.5. These results must have been achieved in same test

and be no more than three years old at time their visa application is lodged.

2. That they are a native English speaker and a current holder of a passport from one of the

following countries:

o Canada

o New Zealand

o the Republic of Ireland

o the United Kingdom

o the United States of America.


http://www.migrationcorporation.com.au/wp-content/uploads/2016/04/04.2016-Occupations-accessible-under-the-DAMA.pdf


3. That they have completed at least five years of continuous full-time study in a secondary or

higher education institution where all instruction was conducted in English.

4. That they will be paid a base salary of at least $96 400 per annum.

DAMA concessions

If a Northern Territory employer has requested a concession to the English language requirements

under the DAMA, then the overseas worker needs to demonstrate that they have an IELTS overall

band score of 5.0 with none of the test components: Speaking, Reading, Writing and Listening being

less than IELTS 4.0, unless they meet either points 2,3 or 4 above. The IELTS result must also have

been achieved on the same test and be no more than three years old at time of application

lodgement.

There are some occupations for which an English language concession is not available.

** For the occupation of Cook (Specialist Ethnic Cuisine), the overseas worker must also achieve

an IELTS overall band score of 5.0 however, no minimum individual test component score applies.

B. Skills and qualifications

Standard requirement


Subclass 457 visa, the business willonly be able to access those occupations that are on the

Consolidated Skilled Occupation List (CSOL). The overseas worker will need to demonstrate that they

hold qualifications or have relevant work experience to the standard specified in the Australia and

New Zealand Standard Classification of Occupations (ANZSCO) dictionary for their nominated

occupation, or if necessary, have the required formal skills assessment.

DAMA concessions

If an Northern Territory employer has requested a concession to the skill requirement, then the

business may be able to access a number of occupations that are not on the Consolidated Skilled

Occupation List (CSOL). For these occupations the overseas worker will need to demonstrate one of

the following:

For the occupations of Aged or Disabled Carer and Child Care Worker:

1. Relevant AQF or equivalent Diploma or higher level qualification with at least one years (20

hours plus per week) relevant post qualification experience, or

2. At least four years full time (no less than 38 hours per week) relevant experience.

For the occupations of Hotel Service Manager, Office Manager and Retail Manager (General):

1. At least a relevant AQF or equivalent Diploma or higher level qualification with at least one

years (20 hours plus per week) relevant post qualification experience.

For other ANZSCO Skill Level 4 occupations:

1. A qualification equivalent to an AQF Certificate IV with at least one years (20 hours per week)

relevant post qualification experience, or

2. A qualification equivalent to an AQF Certificate III (in a field directly related to the nominated

occupation and which has been assessed by a registered training authority) and two years of

relevant work experience (verified by employment references confirming the dates of

employment and setting out the work undertaken along with copies of the overseas workers’

payslips), or



3. A qualification equivalent to an AQF Certificate II (in a field directly related to the nominated

occupation and which has been assessed by a registered training authority) and three years of

relevant work experience (verified by employment references confirming the dates of

employment and setting out the work undertaken along with copies of the overseas workers’

payslips), or

4. For some occupations in the absence of a relevant formal overseas or Australian qualifications,

where an applicant is relying on work experience alone, they must show that they have no less

than four years work experience in the same or closely related occupation (at least 20 hours per

week) that is verifiable by employment references that not only confirm employment but also

provide detail of the specific duties undertaken along with copies of the overseas worker's

payslips.

If the prospective visa applicant holds a qualification equivalent to an AQF Certificate IV or higher it

will be assessed by the Department of Business or the Overseas Qualifications Unit of the Northern

Territory Chief Minister's Office. The department will also independently verify the overseas worker’s

work experience.

C. Temporary Skilled Migration Income Threshold

Standard Subclass 457 sponsorship requirements


Subclass 457 visa, the business must ensure that the salary and conditions an overseas worker

receives are the same as what an Australian citizen or permanent resident doing the same job in the

same location can also expect to receive. This is referred to as the market rate for the position. To

meet the relevant requirements, the standard sponsor must show that the market rate for a position

they have nominated is no less than the Temporary Skilled Migration Income Threshold (TSMIT)

which is currently $53 900 per annum.

DAMA concession

Where a Northern Territory employer has negotiated a concession to the TSMIT under the DAMA,

then they may be able to sponsor an overseas worker to fill a position at a base rate of pay that is

below the TSMIT provided they can show that the terms and conditions offered to the overseas

employee are no less favourable than what an Australian could expect doing the same job in the

same location.

There are three options for salary concessions available under the DAMA. The Northern

Territory employer will need to provide a business case to support their application for a TSMIT

concession and how an overseas worker will be able to meet their living expenses if they are paid this

amount.

What do we need to show when asking for the concession?

The information that the Northern Territory employer will need to provide to the Department of

Business when requesting any of the DAMA concessions is outlined in the Request for Endorsement

to Access a Labour Agreement under the DAMA form.


http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/Pages/concessions.aspx


Factsheet 3: How to find an Australian worker

It is mandatory for Northern Territory employers who are seeking the Department of Businesses

endorsement to access overseas workers under the Northern Territory’s Designated Area Migration

Agreement (DAMA) to demonstrate that they have been unsuccessful in recruiting suitably qualified

and skilled Australian citizens or permanent residents to fill positions.

Local recruitment options

You must provide evidence of your local recruitment efforts over the last six months. There are many

ways the Northern Territory employer can do this. For example:

Contact a recruitment agency. View a directory of recruitment agencies in the Northern

Territory.

Place an advertisement. There is a range of media through which you can advertise a

vacancy:

o newspapers

o professional and trade publications

o industry associations newsletters.

Advertise on a recruitment website such as:

o Career One - http://www.careerone.com.au, if you advertise a vacancy in the NT News or

the Centralian Advocate your vacancy will also be published on this site

o Seek - http://www.seek.com.au

o Jobs - http://www.jobs.com.au

o MyCareer - http://www.mycareer.com.au

o Australian JobSearch - http://www.jobsearch.gov.au

Job Services Australia works with businesses to assess the types of workers required and

attempts to match them with trained and work ready job seekers.

Employ an apprentice. Consider employing an apprentice. Where employers don’t have

enough work for an ongoing or full time apprenticeship position, group training organisations

can organise to share an apprentice with another business -

http://www.australianapprenticeships.gov.au/employers

Using the Territory Worker Database to find a local worker

Searching the Territory Worker Database alone will not be sufficient to 'demonstrate that a

business has been unsuccessful in attracting / recruiting suitably qualified and skilled Australian

citizens or permanent residents to fill a position'.

Candidates in the database enter and upload their information, no checks are undertaken by the

department in verifying whether the documents or claims presented are genuine. An

employer needs to undertake a thorough recruitment process before offering employment. The

Northern Territory Government does not play a role in your recruitment process through the

Territory Worker Database.


http://www.australiasnorthernterritory.com.au/Working/looking-jobs/Pages/recruitment-agencies.aspx

http://www.careerone.com.au/

http://www.seek.com.au/

http://www.jobs.com.au/

http://www.mycareer.com.au/

http://www.jobsearch.gov.au/

https://employment.gov.au/job-services-australia-jsa

http://www.australianapprenticeships.gov.au/employers


How to access the Territory Worker Database

This online tool is managed by the Department of Business and is designed to link Northern Territory

employers with a pool of local, interstate and overseas candidates who have expressed an interest in

working in the Territory. Any Northern Territory employer can register with the Department of

Business to access and browse the Territory Worker Database to find workers to match a job

vacancy.

1. Visit http://www.australiasnorthernterritory.com.au

2. Click on ‘Territory Worker Database’

3. Click on ‘Employers & Recruitment Agents’

4. Register your interest

5. A Northern Territory employer will be able to access the database and search the candidate

pool after being approved, usually within three days.

Factsheet 4: Market rates

What is the market rate requirement?

As part of the request for endorsement to the Department of Business, the employer must show that

the overseas worker they sponsor for a Subclass 457 visa will be paid at least the local market rate.

To meet this requirement and be endorsed, the employer must demonstrate that the proposed

overall terms and conditions of employment offered to overseas workers will be no less

favourable than those that are or would be provided to an equivalently skilled and experienced

Australian worker performing the same work at the same location. Additionally, the proposed overall

terms and conditions of employment must be within the market rate range for the occupation within

the region.

The market rate requirement is designed to ensure that the Subclass 457 visa program is used by

employers to supplement the Australian workforce where there are genuine skill shortages, and not

to undermine salary and employment conditions of Australians. The only time the market rate is not

required to be evidenced is when the proposed Guaranteed Annual Earnings of the overseas worker

will be at least $250 000 per annum.

What are terms and conditions of employment?


http://www.australiasnorthernterritory.com.au/Pages/default.aspx


Terms and conditions of employment are considered to be less favourable if the Guaranteed Annual

Earnings of the overseas worker are less than the Guaranteed Annual Earnings of the comparable

Australian employee.

Guaranteed Annual Earnings include the following:

wages

guaranteed allowances (such as accommodation or food allowances), and

agreed reasonable monetary value of non-monetary benefits (such as a motor vehicle) to which

the employee is entitled in return for the performance of work.

Guaranteed Annual Earnings do not include the following:

payments or amounts that cannot be determined in advance (such as overtime, performance

based commissions or bonuses)

reimbursements paid to the employee, or

compulsory superannuation payments.

What evidence do I need to provide?

The type of evidence that must be submitted depends on whether the business already employs an

Australian citizen or permanent resident (an Australian) in the same role in the same location.

If the business does employ a comparable Australian in the same role in the same location then the

following should be provided:

a payslip or employment contract (with identifying details removed) for the comparable

Australian, and

a comparison of the duties, number of hours worked and level of experience of the Australian

and the overseas worker to show that the salary and other terms are comparable.

If a business does not employ a comparable Australian in the same role in the same location then the

following should be provided along with an explanation as to how the business has determined the

proposed Guaranteed Annual Earnings of the overseas worker:

the relevant industrial agreement, enterprise agreement or award

information from employer associations or unions

ABS statistics - http://www.abs.gov.au

Australian Government’s Job Outlook data http://www.joboutlook.gov.au

remuneration surveys, and

job vacancy advertisements.

What is the TSMIT?

For a standard Subclass 457 visa sponsorship an employer must pay their overseas worker

guaranteed annual earnings that are at least the Temporary Skilled Migration Income Threshold

(TSMIT), which is currently $53 900 per annum.

Under the DAMA arrangements the salary offered by a Northern Territory employer to an overseas

worker must also be at least the TSMIT, unless a concession has been negotiated. If a concession

has been negotiated the salary offered must be no less than the value of the concession.


http://www.abs.gov.au/

http://www.joboutlook.gov.au/

http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/Pages/concessions.aspx


Please note: Unless the Subclass 457 visa holder’s country of citizenship has reciprocal

arrangements with Australia, they are not eligible for government support including Medicare and the

Pharmaceutical Benefits Scheme. In addition, as part of their visa conditions, these Subclass 457 visa

holders are also required to maintain private health insurance for the duration of their stay in Australia.

This is also required for any family members included on their visa residing in Australia. Northern

Territory employers must take this into consideration if they are seeking a salary concession for a

position.

Ongoing obligations

It is very important that once an employer has been granted a Labour Agreement and has started

sponsoring overseas workers on Subclass 457 visas that the business continues to pay the overseas

worker the market rate for the duration of their employment. This may mean that the Subclass 457

visas holder’s salary will need to be reviewed and increased in line with changes to the market rate

from time to time. The sponsorship obligations are ongoing and serious penalties and administrative

sanctions will apply if the business is found to have breached any of its obligations in relation

to its employment of Subclass 457 visa holders.

Nominee to demonstrate - semi-skilled occupations

What will the overseas worker need to demonstrate to meet the skill requirements?

A prospective overseas worker will need to demonstrate that they have the skills and experience that

accord with those required in Australia in the occupation for which they have been nominated under

the Northern Territory DAMA arrangements. The specific qualifications and experience required will

depend on the nominated occupation.

For the following occupations, which are not on DIBP’s Consolidated Skilled Occupation List (CSOL),

the visa applicant must possess the qualifications and work experience outlined in the table below.

Qualifications are to be assessed by a Registered Training Organisation (RTO) or by the Northern

Territory Department of Business, as being at least equivalent to the relevant AQF qualification listed

in the table below. An assessment undertaken by the Northern Territory Department of Business must

be certified as being in accordance with the arrangements agreed with DIBP.

Work experience must be verified by the Northern Territory Department of Business as being genuine

and relevant to the nominated occupation.

The Northern Territory employer will need to provide a statutory declaration stating that they, or an

authorised member of their staff, have interviewed the prospective visa applicant and confirmed that

their work experience and qualifications meet the requirements and they are satisfied that the

overseas worker has the skills to undertake the position for which they are being nominated under the

Northern Territory DAMA arrangements.



Where necessary, approved sponsors must also state that the prospective visa applicant will meet

any relevant licensing or registration requirements before commencing employment.

Please note: Overseas workers granted their Subclass 457 visa offshore must commence work

within 90 days of arriving in Australia.

As with all applicants for Australian visas, overseas workers nominated under the Northern

Territory DAMA arrangements will also be required to meet the relevant health and other public

interest criteria to be granted their visa.

Occupation

Qualification and / or experience

required

Registration

or licencing

Child Care Worker

At least a relevant AQF or equivalent

Diploma or higher level qualification with

at least one years (20 hrs+ per week)

relevant post qualification experience.

Registration

or licencing

is required

Aged or Disabled Carer




relevant post qualification experience. N/A

Dental Assistant


Certificate III with at least two years

(20 hours plus per week) relevant post

qualification experience

or


Certificate IV with at least one years (20

hours plus per week) relevant post


or

At least four years (no less than 38 hours

per week) relevant experience. N/A

Bar Attendant (Supervisor)





or


per week) relevant experience.

Applicant's experience must be in line

with the attached Bar Attendant

(Supervisor) job description. N/A



Waiter (Supervisor)





or




with the attached Food and Beverage

(Supervisor) job description. N/A

Retail Supervisor


Certificate II with at least three years (20



or


Certificate III with two years (20 hours plus

per week) relevant post qualification

experience

or



Hotel Service Manager, Office Manager,

Retail Manager (General)



at least one years (20 hours plus per week)

relevant post qualification experience

or

At least four years, full time (no less than

38 hours per week) relevant experience. N/A

Barista





or


38 hours per week) relevant experience.


with the occupation. N/A

Gaming Worker





or N/A




38 hours per week) relevant experience.

Applicants experience must be in line with

the occupation.

Beauty Therapist





or




experience

or



Tour Guide





or




experience

or



Crowd Controller or Security Consultant




qualification experience;

or


38 hrs per week) relevant experience.

Applicants’ experience must be in line with

the occupation.

Must meet all mandatory licensing

requirements.

Registration

or licencing

is required

Warehouse Administrator




qualification experience N/A



or




experience

or



Law Clerk





or




experience

or



Library Assistant





or




experience

or



Motor Vehicle Parts Interpreter





or




experience

or





Crane, Hoist or Lift Operator or Boiler or

Engine Operator or Earthmoving Plant

Operator (General) or Excavator Operator

or Linemarker or Mobile Plant Operator

nec





or




experience

or



Registration

or licensing

may be

required

Bus Driver





or




experience

or



Registration

or licensing

may be

required

Delivery Driver or Truck Driver (General)





or




experience

or



Registration

or licensing

may be

required

Storeperson





or




experience

Registration

or licensing

may be

required



or



Scaffolder





or




experience

or



Registration

or licensing

may be

required

Steel Fixer





or




experience

or



Tyre Fitter





or




experience

or



Nursing Support Worker / Nursing

Assistant




relevant post qualification experience. N/A



*Cook (Specialist Ethnic Cuisine)

Please note: This occupation is on the DIBP's Consolidated Skilled Occupation List (CSOL) and

therefore a formal skills assessment is required for citizens of some countries.

This occupation is limited to high quality dining establishments specialising in authentic ethnic cuisine

only.

DIBP requires the Department of Business to attest that the employer of a cook (specialist ethnic

cuisine), operates a high quality dining establishment that:

specialises in authentic ethnic cuisine

provides an a la carte menu

has a quality website, featuring photos of the establishment and / or food, and

serves visually appealing food at above average prices.

For the occupation of Cook (Specialist Ethnic Cuisine), an English language concession requires the

visa applicant to achieve an overall IELTS band score of 5.0 however, no minimum

individual test component score for reading, writing, speaking and listening is required.

Employers nominating this occupation will be required to provide to their overseas worker paid

accredited English language training during work time until they achieve an average score of IELTS

5.0 with no individual test component being less than 4.0.

Special occupations

Work experience for Bar Attendant (Supervisor), Waiter (Supervisor) and Cook (Specialist Ethnic

Cuisine) will be considered against the industry standard job descriptions below.

Job descriptions

Bar Attendant (Supervisor) (pdf 20 kb) | Bar Attendant (Supervisor) (docx 24 kb)

Waiter (Supervisor) (pdf 21 kb) | Waiter (Supervisor) (docx 25 kb).

Cook (Specialist Ethnic Cuisine) (pdf 57 kb) | Cook (Specialist Ethnic Cuisine) (docx 17 kb)


http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/assessment/Documents/bar-attendant-supervisor.pdf

http://www.australiasnorthernterritory.com.au/_layouts/download.aspx?SourceUrl=/Working/bsm/employer-nominated/dama/assessment/Documents/bar-attendant-supervisor.docx

http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/assessment/Documents/waiter-supervisor.pdf

http://www.australiasnorthernterritory.com.au/_layouts/download.aspx?SourceUrl=/Working/bsm/employer-nominated/dama/assessment/Documents/waiter-supervisor.docx

http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/assessment/Documents/cook-specialist-ethnic-cuisine.pdf

http://www.australiasnorthernterritory.com.au/_layouts/download.aspx?SourceUrl=/Working/bsm/employer-nominated/dama/assessment/Documents/cook-specialist-ethnic-cuisine.docx


Concessions

English language

Under DAMA arrangements an English language concession is available to overseas workers who

achieve an International English Language Testing System (IELTS) overall band score of 5.0 with

no individual test component in Reading, Writing, Listening and Speaking being less than 4.0.

Please note: this only applies to those occupations identified as being eligible for an English

language concession.

** For the occupation of Cook (Specialist Ethnic Cuisine), the overseas worker must also achieve

an IELTS overall band score of 5.0 however, no minimum individual test component score applies.

Temporary Skilled Migration Income Threshold (TSMIT)

Under DAMA arrangements if a Northern Territory employer is able to provide a strong business case

a concession to the TSMIT, which currently is $53 900 per annum may apply. The TSMIT

concessions are:

Concession Option A (up to a 10 per cent concession to the TSMIT)

Where a Northern Territory employer can show that the base rate of pay offered to an overseas

worker is no less favourable than what an Australian citizen or permanent resident could expect

doing the same job in the same location a concession of up to 10 per cent of the TSMIT may be

available. That is up to 10 per cent of $53 900 per annum, which equates to being no less

than $48 510 per annum.

Concession Option B (TSMIT to include guaranteed overtime)


worker is no less favourable than what an Australian citizen or permanent resident could

expect doing the same job in the same location, the TSMIT may be varied to include agreed

guaranteed overtime where:

1. the guaranteed overtime is consistent with standard industry practice within the sector

2. there are equivalent Australians performing equivalent work in the Approved Sponsor’s

workplace at the same location and whose arrangements have been guaranteed in an industrial

arrangement for those workers, and

3. at the time of nomination the Approved Sponsor provides evidence that the hours are

guaranteed within the employment contract for the overseas worker, and confirms the hours are

consistent with the National Employment Standards.

For the purposes of determining whether or not the base rate of pay is equal to or greater than

TSMIT, the base rate of pay may include a maximum of seven hours guaranteed overtime (up to a

maximum of a 45 hour week).


http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/Pages/accessible-occupations.aspx

http://www.australiasnorthernterritory.com.au/Working/bsm/employer-nominated/dama/Pages/accessible-occupations.aspx


The ‘National Employment Standards’ refers to the 10 minimum standards of employment that are set

out in Part 2-2 of the Fair Work Act 2009.

Concession Option C (TSMIT to include non-monetary and monetary benefits)


worker is no less favourable than what an Australian citizen or permanent resident could expect

doing the same job in the same location, the TSMIT may be varied to include monetary (excluding

guaranteed additional hours) and non-monetary benefits, where:

1. the benefits support the living costs of the overseas worker

2. the overseas worker would have incurred that cost had it not been provided by the Approved

Sponsor

3. the benefits are quantifiable

4. the benefits are consistent with the terms and conditions provided to existing Australians

employed in a similar position

5. the benefits are guaranteed in the employment contract, and

6. the benefits exclude contingent payments such as overtime, bonuses and commissions.

When considering the base rate of pay for the purpose of calculating whether it is equal to or greater

than TSMIT, the value of non-monetary benefits comprising of accommodation and meals:

1. may be capped by the Commonwealth at 10 per cent of TSMIT, and

2. should not exceed published home stay rates for the Northern Territory.
