How employers are assessed as being eligible

What the Northern Territory Government assesses 

The Northern Territory (NT) Government considers all of the following to decide if you, as an employer, can use the Northern Territory Designated Area Migration Agreement (NT DAMA).

  • If you are operating and located in an area that is eligible under NT DAMA:
    • you are only eligible to access NT DAMA if you have been actively operating for at least 12 months
    • all positions to be filled must be located in the NT.
  • What your workforce needs are:
    • the NT Government assesses your current and future workforce needs to determine which of the occupations and concessions requested will be endorsed under the NT DAMA
    • how many positions can be nominated for each occupation and for each concession
    • the endorsement to access the NT DAMA is for three years but endorsement of occupations and numbers of positions to be filled is valid for one year.
  • Whether you meet labour market testing and market salary rate requirements:
    • you need to show you have undertaken appropriate labour market testing - this has to show that you are unable to employ an Australian citizen or permanent resident to fill the position
    • you need to show that the terms and conditions of employment are in line with Australian workplace requirements - they must be no less than what an Australian could expect doing the same job in the same location.
  • Whether you can be endorsed to access concessions:
    • to get the English or Temporary Skilled Migration Income Threshold (TSMIT) concessions you need to provide a business case supporting the concessions sought.

To apply for concessions you must complete each of the following in your chosen format:

Request for endorsement to access a labour agreement under the DAMA (113.5 kb)
Request for endorsement to access a labour agreement under the DAMA (61.3 kb)

Summary of domestic recruitment efforts (32.4 kb)
Summary of domestic recruitment efforts (44.7 kb)

You must provide this supporting documentation:

Document Detail

Business profile​

  • business registration documents
  • trust deed if applicable
  • promotional material, for example website extract, advertisements etc
  • organisation chart less than six months old that shows the positions, reporting structure and number of employees.

Evidence of active operation for at least 12 months

  • Business Activity Statements for the last 12 months and financial statements for the most recent financial year, or
  • a statement from a registered chartered accountant or Certified Practising Accountant confirming the business has been actively operating for at least 12 months and has the financial capacity to meet its sponsorship obligations. This must include net assets, profit / loss and turnover
  • evidence the business is actively operating in the NT. This may include lease agreements, contracts, or company profiles.

Adverse information over the last five years

  • a statement outlining any investigations or audits undertaken in relation to the business
  • evidence of the outcome of any investigation or audits, if required.

Domestic recruitment efforts

  • a complete summary table of domestic recruitment efforts for each occupation being requested This must include evidence of domestic recruitment efforts over the last six months including:
    • samples of advertisements in newspapers, professional journals, industry news letters etc.
    • contracts with recruitment agencies
    • online job advertising including Facebook and website advertising
    • evidence of participation in job search programs / activities; if any.
  • a statement outlining any other reasons for seeking access to the NT DAMA and why the standard Subclass 457 visa pathway is not suitable for your business. You should explain the potential impact on the business if inclusion in NT DAMA is not approved.

Evidence of market salary rate

  • evidence that the terms and conditions of employment being offered to the overseas worker are no less favourable than what an Australian could expect doing the same job in the same location. If the NT employer has an Australian citizen or permanent resident in the occupation, the relevant information will include:
  • a copy of the Australian citizen’s or permanent resident’s employment contract
  • recent payslips.
  • if you don’t employ an Australian citizen or permanent resident in the occupation the information must include evidence of salary levels for this occupation in the NT.

Evidence of terms and conditions of employment

  • sample of an employment contract for each occupation to be filled under the NT DAMA.

Evidence supporting any TSMIT concessions sought

  • the total value of the package that it will be providing to the overseas worker This includes:
  • housing
  • overtime
  • bonuses
  • any other benefits.
  • demonstrate this will be sufficient for the overseas worker to support themselves and any dependants while they are in Australia on a Subclass 457 visa.

Note: Overseas workers on temporary Subclass 457 visas are not eligible for government support. Government support includes Medicare and the Pharmaceutical Benefits Scheme. As part of visa conditions overseas workers must maintain private health insurance for the duration of their 457 visa. This is unless Australia has a reciprocal health agreement with their country of citizenship.

Occupations sought under the labour agreement

  • position descriptions for each occupation you are seeking to be under a labour agreement specifying:
  • registration or licensing requirements
  • list of tasks that will be performed by a worker in this occupation.

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Last updated: 21 June 2017