DAMA Visa and Labour Agreements: How an Employer Sponsors a Worker the Standard Lists Do Not Cover
By Matin Amirshahi, Registered Migration Agent (MARN 1685110)
Published 28 Oct 2026
A DAMA visa is not a separate visa. It is a subclass 482, 494 or 186 visa granted under a labour agreement: a contract between your business and the Australian Government that lets you sponsor workers in occupations, at salaries or on terms the standard program does not allow.
There are 13 DAMA regions and 10 industry agreements. A business covered by neither can ask for its own company-specific agreement. Requesting an agreement costs nothing; you pay at the nomination and visa stages, and no nomination can be approved until the agreement is in effect.
The agreement comes first. A nomination under a DAMA or labour agreement cannot be approved until the agreement is signed and in effect. You can lodge one while the agreement is being negotiated, but it waits. Allow for regional endorsement (DAMA), the Department’s assessment and, for a company-specific agreement, the consultation period.
A labour agreement is a written deal between your business and the Minister. It authorises you to recruit overseas workers in named occupations, at named locations, on the terms the deal sets out.
The Migration Regulations (regulation 2.75C) let the agreement fix the number of nominations a year, the occupations, the salary rules and the maximum stay. It can also set concessions on English, age, skills and work experience.
A Designated Area Migration Agreement (DAMA) is a labour agreement with a regional twist. The Australian Government first signs a five-year head agreement with a state, territory or regional body (the designated area representative). Businesses in that region then sign their own labour agreement under the head agreement’s occupation list and concessions.
So a “DAMA visa” is the 482, 494 or 186 visa a worker receives after your business has a DAMA labour agreement and has nominated them under it. Workers cannot apply for one on their own. The employer holds the agreement; the worker holds the visa.
Home Affairs runs three main types. The type decides who sets the terms, how much you can negotiate and where you start.
| Agreement type | Who it is for | Who sets the terms | Where you start |
|---|---|---|---|
| Industry labour agreement | Employers in one of 10 industries: advertising, aged care, dairy, fishing, horticulture, meat, ministers of religion, on-hire, pork, and premium-dining restaurants | Fixed by the Department after talks with the industry body; not negotiable | Request in ImmiAccount; aged care and advertising need an industry endorsement or union MoU first |
| DAMA | Employers in one of the 13 designated regions, for occupations on that region’s list | The head agreement for the region; concessions are set per occupation | Endorsement from the regional representative, then the request in ImmiAccount |
| Company-specific labour agreement | A business whose need is not covered by an industry agreement or a DAMA, and whose occupations are not on the standard lists | Negotiated case by case against the Department’s template; larger concessions are unlikely to be agreed | A business case, stakeholder consultation, then the request in ImmiAccount |
If an industry agreement covers your industry, that is the route you use. Home Affairs will not endorse a DAMA for a business an industry agreement already covers, and it will not consider a company-specific agreement where a DAMA or industry agreement is available.
An aged care provider, for example, uses the Aged Care Industry Labour Agreement. A disability provider cannot use that agreement, and Home Affairs points it to a DAMA if one covers its location.
If the occupation you need is already on the Core Skills Occupation List and you can pay the standard salary, you do not need any of this. A standard 482 nomination is faster to set up. Our 482 visa requirements guide covers that route.
As at 26 October 2026, Home Affairs lists 13 DAMAs. The representative in brackets is the body that endorses employers for that region.
Each region publishes its own occupation list, and the list tells you which concessions apply to each occupation. The position must be in the region: a DAMA agreement does not cover a worksite outside it.
Victoria outside the Goulburn Valley and Great South Coast, Tasmania, the ACT and most of New South Wales and Queensland have no DAMA. A business there looks to an industry or company-specific agreement instead.
The agreement can relax the worker-side rules and the occupation list. It cannot relax the rule that an overseas worker is employed on the same terms as an Australian in the same job.
Two limits hold whatever the agreement says. The Department will not grant a concession that leaves the overseas worker on worse pay or conditions than an Australian in the same role.
Under a company-specific agreement, overseas workers also cannot make up more than one-third of your workforce. You must show a plan to train and hire Australians so you do not need another agreement.
The law stops the Government from signing a labour agreement unless the Minister is satisfied your business has made recent and genuine efforts to recruit Australian citizens or permanent residents for those roles (regulation 2.76A of the Migration Regulations). Ministers of religion and religious assistants are the only exception.
The rest of the test is set out in Home Affairs’ published guidelines and the agreement templates.
For a company-specific agreement, Home Affairs asks you to show:
For a DAMA, the regional representative runs the first test. It checks that your business operates in the region, that the occupation is on the regional list, that you tried to recruit locally and that pay and conditions match what Australians get. Only after endorsement do you lodge the request with Home Affairs.
Industry agreements have fixed terms, so the request is mostly about proving the business is genuine. Aged care providers also need a memorandum of understanding with the relevant union.
Business evidence Home Affairs lists for every type includes business activity statements, financial reports prepared by an accountant (not in-house software printouts), tax returns, leases, contracts and work orders, staff and apprentice records, and any adverse information with your explanation of why it should be disregarded.
You may lodge a nomination while the agreement is still being negotiated, but it is not decided until the agreement is in effect. If you withdraw it before the agreement is signed, the nomination charge and levy can be refunded on request (regulation 2.73AA).
Once the agreement is in force, plan changes carefully. From 2026, Home Affairs accepts only one variation request in each year of an agreement, and none in the first six months after signing.
If you expect to add occupations or raise your nomination numbers, ask for them in the original request rather than relying on a variation. DAMA variations go through the regional representative, not directly to the Department.
Your obligations under the agreement are a contract, and the legislated sponsor obligations (paying the agreed salary, keeping records, telling the Department about changes, not recovering sponsorship costs from the worker) apply as well. Breaches can end the agreement and attract sanctions, and the Australian Border Force can audit or visit the site.
The Department’s instructions to visa officers add one duty many employers miss: agreements signed since 2022 generally require the business to report adverse information about itself (a court finding, an investigation, insolvency) to the Labour Agreement Section without waiting to be asked.
| Stage | Charge | Who pays |
|---|---|---|
| Labour agreement request | No charge | — |
| DAMA endorsement | Set by the regional representative; check its site before you apply | Employer |
| Nomination charge (482) | AUD 330 | Employer |
| Skilling Australians Fund levy (482) | AUD 1,200 a year (turnover under AUD 10 million) or AUD 1,800 a year, for each year of the nomination, paid at lodgement | Employer; cannot be passed to the worker |
| Visa application (482 Labour Agreement stream) | From AUD 4,015 for the main applicant | Employer or worker, by agreement |
The levy and the nomination charge are the same as for a standard 482 nomination. The 186 and 494 Labour Agreement streams carry their own nomination and visa charges, listed on our Australian visa fees and thresholds page.
Preparing the business case, the consultation and the request is professional work. Our fixed professional fees for each stage are on the fees page.
Home Affairs does not publish a processing time for the agreement itself. It assesses each request case by case, and the two things it says slow a request are an incomplete lodgement and slow replies to its questions. Regional representatives publish their own endorsement timing, which varies.
Once a visa application is lodged, it joins the same queue as every other 482 application, sorted by Ministerial Direction 121. As at 26 October 2026, the Home Affairs 482 visa page showed applications lodged in February 2026 being processed for jobs in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources.
Other applicants in Australia were being processed from January 2026 lodgements, and applicants outside Australia from October 2025. A labour agreement job in one of the priority sectors sits in the first group whichever stream it was lodged in. Our 482 processing time page tracks the queue.
Yes, if the agreement provides one. Every current DAMA uses the 186 as well as the 482 and 494, with the pathway set per occupation on the regional list. Most industry agreements also allow permanent residence.
The usual shape is a 186 nomination in the Labour Agreement stream after the worker has held the 482 for the period the agreement sets. The other route is a 494 that leads to the permanent subclass 191 after three years in the region, subject to the 191 income and residence rules.
The age concession to under 55 that many DAMA occupations carry matters at the 186 stage, where the standard under-45 rule would otherwise block older workers. Our 186 visa guide explains the permanent stage.
The Department’s instructions to visa officers say the concession only works if the agreement itself states that people over 45 may be employed and names the new limit. Check the signed agreement, not just the regional list.
A company-specific agreement can also include a 186 pathway, but you must ask for it in the request. An agreement that is silent on permanent residence does not provide one.
In two places, and they are different. To get the agreement at all, the law requires the Minister to be satisfied you made recent and genuine efforts to recruit Australians (regulation 2.76A). For each nomination afterwards, the advertising rule is the one written into your agreement, not the standard one.
The standard rule (two ads, four weeks, within the four months before you nominate) is written for standard business sponsors (regulation 2.72AA). A labour agreement nomination is tested against the agreement’s own conditions, and its schedule sets the advertising terms. Some DAMA agreements accept ads from the past 12 months.
So read the signed agreement, which runs to about 20 pages, before the first nomination. The approval letter alone does not tell you the advertising period, the salary terms, the skills assessment or English settings, or the yearly ceiling. Our labour market testing guide covers the standard rule for comparison.
In our experience, the request that fails is the one that says “we could not find anyone” without the paper trail. The Minister cannot sign an agreement unless satisfied you made recent and genuine efforts to recruit Australians. The ads, the applicant counts and the reasons each applicant was unsuitable are the business case itself.
Keep the ads running until the agreement is approved, not just until you lodge the request. Continued advertising is the simplest evidence that the need is current, and the regional representative may ask for more than the standard rule: some want the salary shown in the ad even above AUD 96,400.
The second failure is asking for more than the template allows. Home Affairs publishes the company-specific template and says concessions beyond it are unlikely to be approved. A request built around a 20 per cent salary discount puts the whole request at risk rather than earning a smaller concession.
The third is choosing the wrong door. A regional business that lodges a company-specific request when its location has a DAMA is told to use the DAMA. A disability provider that tries the Aged Care Industry Labour Agreement is told it cannot. Spend the first hour on the routing question in the table above.
The fourth is treating the agreement as the finish line. The agreement caps how many workers you can nominate each year and names the occupations; a nomination outside either is refused under regulation 2.72. With one variation a year from 2026, a business that under-estimates its ceiling waits up to twelve months to fix it.
No. A DAMA is an agreement between the Australian Government and a region. The worker receives a 482, 494 or 186 visa in the Labour Agreement stream after an employer in that region signs a DAMA labour agreement and nominates them.
No. Only a business that holds a DAMA labour agreement can nominate, and the worker’s visa application must be linked to that nomination. There is no self-nominated DAMA pathway.
No. A labour agreement makes your business an approved sponsor for the visas it covers. You lodge nominations in the Labour Agreement stream without a separate sponsorship application.
Not on the same nomination. The agreement covers positions in the designated region, so a move outside it needs a new nomination under a route that covers the new location, if one exists. A new employer needs its own labour agreement if the occupation is only available under one, and the Department’s instructions say a worker moving from a labour agreement sponsor to a standard sponsor needs a new nomination and a new visa application, because the first visa may have relied on concessions.
Yes. A 482 nomination under a labour agreement attracts the levy of AUD 1,200 or AUD 1,800 for each year of the nomination, paid when you lodge, and the business cannot recover it from the worker.
Send us the occupation, the salary and the worksite postcode. We tell you whether a DAMA, an industry agreement or a company-specific request is the right door, and what the business case needs, before you commit to a fee.
Matin Amirshahi, Registered Migration Agent (MARN 1685110) · Preston, Melbourne