Far North Queensland Designated Area Migration Agreement
The Cairns Chamber of Commerce is the Designated Area Representative (DAR) for the Far North Queensland Designated Area Migration Agreement (FNQ DAMA).
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The FNQ DAMA is a skilled migration program that is tailored to the needs of our Far North Queensland region (FNQ). The FNQ DAMA differs in many ways from standard skilled migration pathways, providing more flexibility and certainty for both employers and workers. The key differences are:
- An FNQ DAMA Occupation and Concessions List designed for our region, with a greater range of occupations not linked to standard occupation lists, and with no caveats;
- The ability to have occupations added (or removed) as local demands determine;
- Semi-skilled as well as skilled occupations (Skill Levels 1-5 instead of Skill Levels 1-3);
- The facility to design and include unique local occupations not in ANZSCO (the standard classification of occupations);
- Access to age concessions of 55 or 50 (depending on occupation) rather than the general age limit of 45 applying to most standard skilled migration pathways;
- Multiple visa options – SID 482, ENS 186, or SESR 494 (that leads to PRSR 191);
- Access to well-defined permanent visa pathways for all occupations in Skill Levels 1-5 (including direct access to ENS 186 in some circumstances based on prior work experience in FNQ);
- Concessions to experience requirements, compared to those in standard skilled migration pathways;
- Salary concessions for Skill Level 3-5 occupations (90% of TSMIT) if market salary is demonstrated to be below TSMIT, ensuring that worker terms and conditions of employment are not eroded;
- English language concessions for numerous occupations;
- More lenient Labour Market Testing requirements than standard requirements;
- Priority processing times.
The FNQ DAMA operates under a Labour Agreement framework. This means that employers can seek one occupation/position or multiple occupations and positions in a single request. It also means that prospective workers do not necessarily need to have been identified at time of applying, allowing for future planning. Individuals can then be nominated against the occupations and numbers of positions in the Labour Agreement. A Labour Agreement is generally valid for five years and can be varied during its lifetime (such as adding further occupations/positions).
As with all skilled migration, the priority is employment for Australians first. However, the FNQ DAMA provides a tailored and accessible option for employers seeking to fill one or multiple occupations and positions where they are genuinely unable to fill positions from the Australian labour market.
All enquiries about the FNQ DAMA may be directed to dama@cairnschamber.com.au
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To access a FNQ DAMA Labour Agreement, employers must first be endorsed by the Cairns Chamber of Commerce as the Designated Area Representative (DAR). Employers can access the FNQ DAMA if they*:
- are operating within the FNQ DAMA Designated Area which includes the following Local Government Areas: Cairns Regional Council, Douglas Shire Council, Mareeba Shire Council, Tablelands Regional Council, Cassowary Coast Regional Council, Cook Shire Council, Croydon Shire Council, Etheridge Shire Council, Torres Shire Council, Northern Peninsula Area Regional Council, and the Weipa Town Authority area;
- are viable and have been operating for at least 12 months unless there are exceptional circumstances;
- have no unresolved history of not meeting obligations to employees;
- are looking to employ Overseas Workers to fill full-time positions with duties that align with one or more of the occupations on the FNQ DAMA occupation list;
- can demonstrate they cannot fill the position locally with Australian citizens or permanent residents;
- can provide terms and conditions of employment to overseas workers that are at least equivalent to those offered to Australian workers employed in the same role in the FNQ region.
Note: *This is a summary only – do not make business decisions based on this summary.
Step 1 – Seek endorsement for one or more occupations/positions
Employers need to be endorsed by the Cairns Chamber of Commerce to access the FNQ DAMA. The request can be made for a single occupation/position or multiple occupations/positions. A request for endorsement is usually assessed in under 10 business days if coherent, well-presented and complete. Incomplete or poorly articulated requests will take longer. As part of the endorsement, the Cairns Chamber of Commerce is able to ‘value add’ with local knowledge that may assist the Department of Home Affairs in assessing steps 2-4. An endorsement fee applies per position sought.
Everything you need to prepare an FNQ DAMA request for endorsement is in the Resources and Forms Section in this webpage. FNQ DAMA endorsement requests are emailed to dama@cairnschamber.com.au
Step 2 – Request a Labour Agreement (valid for 5 years)
Once endorsed, the employer is then able to submit an online request for a FNQ DAMA Labour Agreement through the Department of Home Affairs’ ImmiAccount system. The Labour Agreement will stipulate the number of approved occupations and positions, as well as the FNQ DAMA concessions to standard skilled migration criteria. The Labour Agreement is valid for up to five years and can be varied during its lifetime based on business need, such as to have further occupations, positions, or concessions added. There are no government fees to request a Labour Agreement. When endorsing an employer, the Cairns Chamber of Commerce provides the employer or their agent an instruction guide on how to submit a FNQ DAMA Labour Agreement request in ImmiAccount.
Note: Steps 1 and 2 above involve assessment of the business need for the occupation/s and position/s being sought, and not any prospective overseas worker/s who may have been identified.
There is no necessity to have identified any prospective overseas worker/s in order to be endorsed and access a labour agreement, which can be for one or multiple occupation/s and position/s.
The following two steps are about the individual overseas worker/s.
Step 3 – Nominate individual overseas worker/s
Employers can then nominate the overseas worker or workers up to the occupation/position number limits specified in their Labour Agreement, with access to the FNQ DAMA concessions covered by the agreement. Nominees may be onshore (in Australia) or offshore (outside Australia) at time of nomination. Nominations are made in ImmiAccount under the Labour Agreement Stream. An overseas worker’s immediate family may be included in the nomination. Nominations incur standard government charges (see SID 482 or SESR 494 or ENS 186 for the relevant government fees and charges, being sure to refer to the ‘Labour Agreement Stream’ in each case).
Step 4 – Overseas worker/s apply for visa
Once a nomination has been submitted in ImmiAccount the overseas worker/s can apply for their visa. The temporary visa is valid for up to four or five years. Once the overseas worker has been with the employer in FNQ for at least two or three years*, they may be eligible for a permanent visa. Refer to the FNQ DAMA Information Guide in the Resources & Forms tab for details.
Note: In certain circumstances, time spent in FNQ on previous visas in the same or a similar occupation may be taken into account.
The following diagram summarises the above four steps and the parties responsible for each.
The FNQ DAMA request for endorsement fee is payable in full at time of submitting a request endorsement:
- $885 – per position sought (Cairns Chamber of Commerce members*)
- $985 – per position sought (non-members)
- $275 – per position – ‘roll over’ of unused positions from previous year of existing agreement
- $275 – per occupation – minor variations to existing occupations/positions in current year (adding concessions/change of visa type)
*Membership must be current and be annual membership or held for at least 12 months as at date of seeking endorsement.
** ‘Rollover’ refers to endorsement of unused positions from one year of an employer labour agreement to the next (conditions apply). ‘Used’ refers to whether a nomination has been lodged.
All enquiries about the FNQ DAMA may be directed to dama@cairnschamber.com.au
Forms & Guides:
- FNQ DAMA Occupation and Concessions List
- FNQ DAMA Information Guide
- FNQ DAMA Endorsement Submission Guide
- FNQ DAMA Request for Endorsement Form
- FNQ DAMA Business Declaration
- Chamber Credit Card Authorisation Form
Useful:
You may need:
FNQ DAMA Job Descriptions for non-ANZSCO Occupations (for the purposes of the FNQ DAMA these occupations have all been given the ANZSCO code 070499):
- Farm Supervisor
- Farm Inspector
- Cafe or Restaurant Supervisor
- Bar Attendent (Supervisor)
- Waiter (Supervisor)
- Housekeeping Supervisor
- Night Auditor
- Brewer
- Diving Instructor (Tourism or Photography)
- Marine Environment Interpreter
- Marine Diesel Mechanic
- Marine Electrician
- Swimming Pool Technician
- Welding Specialist Supervisor
- Welding Technologist
- Northern Rock Lobster Fisherman
- Home Tutor