The Pacific Seasonal Worker Pilot Scheme is very much similar to the New Zealand Recognised Seasonal Employer program, although it differs in one important aspect : the involvement of labour hire companies in the Australian scheme.
In fact, under the Australian Pacific Seasonal Worker Pilot Scheme, the labour hire company is the employer, and not the farmer, as in the New Zealand case.
To be selected to be a labour hire company, the following criteria must be met :
Labour hire companies must
• be an employer incorporated in Australia;
• be in a sound financial position;
• have human resource policies and practices which are of a high standard and promote the welfare of Pacific Seasonal workers;
• have a demonstrated commitment to employing and training Australians;
• be a member of the Recruitment and Consulting Services Association Ltd (RCSA) or another Australian peak recruitment body or be willing to comply with the RCSA Code of Conduct or similar industry standard;
• have good workplace practices including a history of compliance with all immigration and employment legislation such as the Migration Act 1958, the Workplace Relations Act 1996 and the Occupational Health and Safety legislation of relevant States;
• have an operational presence (e.g. office, storefront) or capacity to establish an operational presence in the region(s) where it is seeking to operate as an approved labour hire company for the purposes of the Pacific Seasonal Worker Pilot Scheme or be able to demonstrate to the Australian Government and the local advisory body that they have appropriate arrangements in place in the region for the pastoral care of the workers without such a presence;
• identify the pay arrangements for the workers;
• identify their proposed contractual arrangements with growers;
• identify the accommodation arrangements proposed for workers;
• identify the transport arrangements;
• identify the pastoral care arrangements;
• identify arrangements for liaison with the advisory body; and
• identify a dispute resolution process for workers and growers.
As well as meeting the above criteria, other considerations also apply.
The Secretary of the Department of Immigration and Citizenship (DIAC) will consult with the Department of Education, Employment and Workplace Relations on the approval of any labour hire company under the migration regulations.
The Secretary of DIAC will decline any applications to become an approved labour hire company under the Pacific Seasonal Worker Pilot Scheme where it considers that approving the application will create unacceptable risks to the integrity of Australia’s immigration or workplace relations laws or policies.
ENDS
