TNQ-DAMA-Request-for-Endorsement-Form

2.0 Agent/representative contact details

2.1 If you are being assisted by a registered migration agent or Australian legal practitioner, complete the following section. By completing this section, you are authorising Townsville Enterprise to communicate with the agent on your behalf (noting that Townsville Enterprise reserves the right to contact you directly to make any relevant enquiries when assessing this endorsement request - refer to the endorsement declaration document). If you are not using a registered migration agent, leave this section blank.
Migration agent name
Migration agency name
Agent registration number (MARN)
Address
Telephone
Email
example@example.com

3.0 Occupations, numbers and concessions
3.1 Please set out how many overseas workers you would like to be able to nominate under the TNQ DAMA in the next 12 months and what roles they would work in. If you are seeking positions in Years 2-5 of an existing TNQ DAMA Labour Agreement, indicate in which year you are seeking these positions (eg. "Year 1', 'Year 2', etc). If insufficient rows, detail in your covering submission.*
Note:
1. If seeking position/s beyond Year 1, indicate number/year as follows '3/Year2'.
2. If seeking an English and/or Age concession, provide reasons in your covering submission as per the TNQ DAMA Information Guide

4.0 Conditions of endorsement and other matters

4.1 You understand and accept that any endorsement by Townsville Enterprise is only an endorsement to make a request to Department of Home Affairs for a Labour Agreement under the TNQ DAMA and is not an endorsement by Townsville Enterprise of you or any business or activity you carry on in any other respect, or of the individuals you apply to nominate on a visa under a Labour Agreement.

4.2 You understand and accept that endorsement by Townsville Enterprise is discretionary and may be revoked in the event that Townsville Enterprise (in its absolute discretion) is no longer satisfied that you should be able to access overseas workers under the TNQ DAMA.

4.3 Revocation of endorsement will be notified to Department of Home Affairs and you accept that Townsville Enterprise will not be liable to compensate you for any costs, loss or damage that may arise from such revocation.

4.4 You attest that the information referred to in this request and any attachments:

(a) is true and correct, and

(b) is complete and is not misleading in any respect, and

(c) you acknowledge that this information has been relied on by Townsville Enterprise in considering this request.

4.5 Where a registered migration agent or Australian legal practitioner has been appointed to represent the business, you acknowledge that the application, including supporting documents have been provided with your full knowledge and consent.

4.6 Where a registered migration agent or Australian legal practitioner has been appointed to represent the business, you acknowledge that Townsville Enterprise reserves the right to communicate directly with you if considered necessary to facilitate assessment of the merits of the application.

4.7 You will notify Townsville Enterprise as soon as you become aware that any information or documents provided with this request have changed or are no longer true and correct, until a decision is made on any Labour Agreement request under the TNQ DAMA.

4.8 This request and any endorsement do not:

(a) constitute a partnership or joint venture between the parties; or

(b) except as expressly provided, make a party an agent of another party for any purpose.

4.9 If Townsville Enterprise must fulfil an obligation to the Department of Home Affairs and Townsville Enterprise is dependent on you to be able to do so, then you must do each thing reasonably within your power to assist Townsville Enterprise in the performance of that obligation.

4.10 If the employer is constituted by more than one legal entity (such as a partnership or an unincorporated association), each of those legal entities will be jointly and severally liable for the performance of any conditions arising as a result of the endorsement.

4.11 You agree to provide any and all information required by Townsville Enterprise to fulfil its obligations under the TNQ DAMA (including but not limited to, any updated information regarding the business, its workforce and evidence of its ongoing compliance with the obligations under the Labour Agreement) within 28 days of such a request being made.

4.12 You acknowledge that Townsville Enterprise may be required, from time to time, to provide information that you have included in this request in part or entirety, to the Department of Home Affairs and you consent to this disclosure of information.

4.13 You acknowledge that you have read and understood the attached information referred to in this document.

4.14 You acknowledge that you have not relied on any statement or representation (express or implied) made or advice given by or on behalf of Townsville Enterprise in entering into the Labour Agreement or taking or failing to take any action in connection with the Labour Agreement.

4.15 You understand and accept that Townsville Enterprise has no liability to you for any costs, loss or damage incurred or suffered by you directly or indirectly arising from or in connection with:

(a) your request for or entry into a Labour Agreement; or

(b) anything done by you, or on your behalf, relating to the entry into or the performance of the Labour Agreement; or

(c) anything done to you relating to the entry into or the performance of the Labour Agreement or work performed by employees employed following entry into the Labour Agreement.

4.16 You acknowledge that, where Townsville Enterprise endorses your business to access any concessions such as for experience, salary, English language, or age among others, under the TNQ DAMA, that this does not abrogate your responsibilities and duties as an employer in respect of any laws and legal responsibilities regarding workplace health and safety and industrial relations, and that Townsville Enterprise accepts no responsibility or liability for any costs or actions arising from abrogation of these responsibilities or duties.
Do you agree to these conditions of endorsement?*

YesNo

5.0 Information Privacy Principles acknowledgements

In accordance with the Queensland Information Privacy Principles:

5.1 You acknowledge on behalf of your business described in clause 1 of this application (Business) that the collection of the personal information contained in this application is necessary for the functions and activities of Townsville Enterprise.

5.2 You acknowledge on behalf of your Business that the Business is entitled to have reasonable access to the personal information contained in this application after it has been lodged with Townsville Enterprise, but that Townsville Enterprise shall always be entitled to keep the documents provided.

5.3 You acknowledge on behalf of your Business Townsville Enterprise is collecting the personal information in the Business' application for the following purposes:

(a) considering the merits of the application;

(b) verifying the accuracy of the contents of the application (including through contacting third parties regarding the application);

(c) complying with relevant reporting requirements;

(d) compiling statistics (or engaging a third party to compile such statistics);

(e) participating in Townsville Enterprise surveys; and

(f) complying with its obligations to any other Commonwealth or State Government agency.

5.4 In carrying out this purpose you acknowledge and agree on behalf of your Business that Townsville Enterprise may disclose the personal information (including sensitive personal information, if any) in the Business' application to:

(a)Commonwealth Government agencies; and

(b)Any other person referred to in your application (Third Parties)

5.5 You acknowledge on behalf of your Business that if you do not sign this application or if your Business does not provide the required personal information in its application, Townsville Enterprise may reject the application or choose not to endorse access to the TNQ DAMA.

5.6 On behalf of the Business, you authorise Townsville Enterprise to:

(a) use the information provided within the application to make necessary inquiries with Third Parties to verify claims provided in the application;

(b) provide the application, including supporting documentation to the Third Parties for further consideration;

(c) retain the application and supporting documents as per Townsville Enterprise policies and standards; and (

d) utilise the information provided for data collection and reporting purposes.
Do you agree to the information privacy principles?*

YesNo

Application for Endorsement Documentation
Good Corporate Citizen

The DAR will consider whether you have been actively operating for at least twelve months and are financially viable.
Please upload your Business Registration Certificate*

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Please provide recent financial accounts and BAS Statements*

Financial accounts/BAS Statements must be no older than a year.
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Please provide a letter of support from a registered Chartered Accountant or a Certified Practising Accountant confirming that you have been actively operating for at least twelve months and have the financial capacity to meet the migration obligations for the workers you wish to sponsor, for the proposed period that they will be employed by you. *

The letter must include the key financial data i.e. your turnover, net assets and profit/loss for the most recent financial year.
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Have you been subject to any investigations or audits, resulting in an adverse finding to the business or any associated entities (including previously associated entities) in the last five years?*

YESNO
If YES, please provide information. Any other relevant adverse information should also be declared.
File Upload

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Application for Endorsement Documentation
Genuine Vacancy

The DAR will consider whether the position/s you are seeking to fill are genuine and there are genuine vacancies.
Position/job description for each occupation sought. Please ensure the position description provides the hours of work, states the salary and declares whether the employee will be hired as full time, part time or casual. *

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Please provide evidence or information on why your business requires these positions. Include reasons for the occupation type and number of positions.*
Include reasons for the occupation type and number of positions. Eg: Business expansion or positions that haven't been able to be filled locally.
File Upload

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Please provide an organisation chart for your business showing where the position/s sought are located and who they report to. You should indicate in the chart which or how many positions are occupied by Australian citizens/permanent residents and how many are occupied by Overseas Workers (i.e. temporary visa holders), and indicate whether the positions are full-time, part-time, or casual. If you employ any trainees, interns, or apprentices, these should be included.*

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Please provide 2-4 images of your business. *

Examples Include: For a restaurant, images can show the size and seating capacity. For a farm, an aerial photo (or Google Maps image) with your property outlined can show the scale of your operations.
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Application for Endorsement Documentation
Labour Market Testing (LMT)

The DAR will consider whether genuine attempts have been made to fill the position/s from the Australian labour market.
Evidence of advertising the position/s within Australia, and the outcome of those attempts. For each occupation sought, you should include a summary of recruitment attempts, including time period and places advertised, a description of whether any Australian citizens or permanent residents applied and if not suitable, why. *
Employers must run two advertisements prior to offering a position to an overseas worker. Please provide evidence of both advertisements.
Upload Labour Market Testing Evidence here. Please ensure you are submitting at least two different sources of Labour Market Testing (e.g. One Seek advertisement & one Indeed advertisement)*

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Application for Endorsement Documentation
Labour Market Testing (LMT)

The DAR will consider whether genuine attempts have been made to fill the position/s from the Australian labour market.
What is the proposed salary for the position/s and how did you determine that salary? *
If there are any equivalent Australian workers in the equivalent positions, you should indicate what their salary is as a comparison.
File Upload

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Please provide a copy of/information about relevant awards or Enterprise Agreements*
Upload information about relevant awards or Enterprise Agreements here

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Application for Endorsement Documentation
Concessions

The DAR will consider why you are requesting the concession in the TNQ DAMA and whether the concession is evidence-based and reasonable.
If you are seeking any concessions under the DAMA (English language and/or age concession), please provide the reasons why you need to access those concessions.
File Upload

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English Language Concessions
If you are seeking the English Language Concession, please provide evidence that you have considered workplace health and safety matters impacted by a lower level of English and how you plan to address them.
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What impact will a lower English level have on the Overseas Worker/s' ability to conduct skills transfer with Australian employees?
What impact will a lower English level have on the Overseas Worker/s' ability to settle in the community?

Application for Endorsement Documentation
Where did you hear about the Townsville North Queensland DAMA?*

NewsRadioOnlineVia associates/coworkers etc.Via friends/familyOther
Signed Business Declaration Form*

This can be found on the Townsville Enterprise Website - https://www.townsvilleenterprise.com.au/skills-and-migration/tnq-dama-application-and-declaration-form/
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Why are you seeking endorsement to access the TNQ DAMA rather than standard visa programs/streams?*

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If you have an outstanding immigration matter before the Administrative Appeals Tribunal (AAT) or the courts, please provide any information about this in the context of the request for endorsement being made.

Application for Endorsement Documentation

Credit Card Authorisation Form
You can download the Credit Card Authorisation form here to complete.
Upload Townsville Enterprise Credit Card Authorisation Form*

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6.0 Checklist: Refer to Part 2 of the TNQ DAMA Information Guide for detailed instructions abut preparing a TNQ DAMA Request for Endorsement.*

Completed and signed Request for Endorsement form (this form)Signed business declaration formCovering letter that includes the information referred to in the Instructions in the TNQ DAMA Information Guide (at Part 2)Organisation chart (indicating whether positions are held by Australian citizens/permanent residents/temporary visa holders)Statement regarding adverse information (if applicable)Townsville Enterprise credit card authorisation form (uploaded on page 12)Information about how the proposed salary was determined (AMSR)Description of Labour Market Testing (LMT) information and outcomes
Any other information attached (state type)
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Signed By
Name*
Position*
Date*

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Witness
Name*
Position*
Date*

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Townsville North Queensland Designated Area Migration Agreement Request for Endorsement Form and Application (from 1 July 2022)

Application for Endorsement Documentation

Application for Endorsement Documentation

Application for Endorsement Documentation

Application for Endorsement Documentation

Application for Endorsement Documentation

Application for Endorsement Documentation

Application for Endorsement Documentation