Short-term (seasonal) employment (up to 9 months)

Longer-term employment (one to 4 years)

• is located in an area with a postcode that is eligible under the PALM scheme (refer to 'Location' section below)
• is an eligible business registered and operating in Australia and has an Australian Business Number (ABN) and/or an Australian Company Number (ACN) 
• is NOT an individual, sole trader or unincorporated entity
• is an ‘organisation’ for the purposes of the Migration Regulations 1994 (the Department of Home Affairs will assess this criterion)
• has good immigration practices and a history of compliance with immigration legislation (the Department of Home Affairs will conduct an immigration integrity check)
• has a history of compliance with Australian workplace relations, work health and safety legislation, and other relevant laws (the Fair Work Ombudsman will prepare a workplace compliance history check)
• can demonstrate that its directors or trustees have a history of compliance with the above laws (noting where there has been non-compliance, this must be disclosed, and non-disclosure can result in the application being rejected)
• has or can obtain a labour hire license if applicable (not required for direct employers)
• is in a sound financial position – a financial viability assessment will be conducted to determine if the business can meet the upfront costs associated with recruiting seasonal workers including:
  • at least 3 years of financial solvency for a direct employer
  • and at least 3 years of financial solvency and 5 years of continuous operation – for a labour hire/contractor employer.

The applicant must also demonstrate they understand and will comply with the requirements of becoming an approved employer (as outlined in the SWP and PLS deeds and approved employer guidelines).

If an approved employer provides information in its application that is incorrect, dishonest, or misleading, this may result in the Australian Government rejecting the application.

Location

Eligibility for employers seeking to recruit workers though the PALM scheme is based on rural and regional postcodes, except for employers in the agriculture and select agriculture-related food product manufacting sectors, where there are no postcode restrictions.

This means the employer will be eligible if the work site where they are applying to recruit workers is located within an eligible rural or regional postcode. The full list of eligible postcodes is available on the PALM scheme employer eligibility web page.
 

Pay parity

All PALM scheme employers are encouraged to support pay parity. Those employers seeking to recruit workers in select agriculture-related food product manufacturing sectors in metropolitan locations will be required to demonstrate pay parity in their recruitment application by ensuring that the wages of PALM scheme workers will be at the same pay level as other workers in the same role on the same site with the same level of experience.

At a minimum, those select agriculture-related food product manufacturing PALM scheme employers in metropolitan locations will be required to provide a signed declaration with their recruitment application as evidence of their commitment to pay parity.

To participate as an approved employer, all applicants must successfully complete a 4-step application process:

1. Complete this application form and click 'submit'.

2. If the application is successful, apply to become a temporary activities sponsor (TAS) through the Department of Home Affairs. Businesses must be approved as a TAS to be able to sponsor workers from participating countries to come to Australia.

3. Enter into a Deed of Agreement/s.

4. Employ workers under the SWP or PLS, in accordance with obligations imposed under the Deed/s of Agreement, applicable program guidelines and the temporary activities sponsorship.

Seasonal Worker Programme

Once approved, applicants enter into a Deed of Agreement with the Australian Government through the Department of Employment and Workplace Relations (DEWR) and enter a sponsorship arrangement with the Department of Home Affairs.

New SWP approved employers are generally approved to recruit only a small number of seasonal workers for their first placement (known as a ‘recruitment cap’). This provides new SWP approved employers the opportunity to adjust to their obligations and responsibilities while working with a manageable number of seasonal workers in their first placement.

SWP approved employers must have DEWR’s written approval to participate in the program and recruit workers prior to seasonal workers commencing a placement. The employer can seek a review of their recruitment cap when workers have been recruited for 4 months and changes will be made where appropriate.

DEWR and the PLF will monitor SWP approved employers during each placement to ensure compliance with program requirements.

Pacific Labour Scheme

Once approved, applicants enter into a Deed of Agreement with the Australian Government through DEWR and enter into a sponsorship arrangement with the Department of Home Affairs.

New PLS approved employers are generally approved to recruit only a small number of workers for their first placement (known as a 'recruitment cap').

This provides new PLS approved employers the opportunity to adjust to their obligations and responsibilities while working with a manageable number of workers in their first placement. The employer can seek a review of their recruitment cap when workers have been recruited for 4 months and changes will be made where appropriate.

DEWR and the PLF will monitor PLS employers during each placement to ensure compliance with program requirements.

Processing times

Currently the process is taking at least 3 months (once all documentation hsa been provided), plus the time required to obtain your TAS from the Department of Home Affairs.

To ensure the timely processing of an application, entities are encouraged to provide all requested information and to respond to questions fully and truthfully at the time of submission.

Number of applications in any 12-month period

An applicant may only apply for approved employer status in the SWP or the PLS twice in any 12-month period from the date of submitting their first application.

If an applicant does not achieve approved employer status within 12 months of the date of applying, its application will lapse. The applicant will then need to submit a new application if it remains interested in becoming an approved employer for the SWP or PLS.

Financial information

Required documents

For direct employers, copies of the last 3 years of financial statements for the business prepared by an external accountant.

We do not accept business activity statements (BAS), income tax returns, valuation reports and bank statements.

Trusts

Should DEWR or the PLF require further information to complete the assessment, the applicant will be sent a request for information via email, outlining additional information required and stating a closing date for response.

If the applicant does not respond to the request for information prior to the closing date, the PLF will close the application.

Please ensure you carefully read points 1-5 above, and prepare all the information and documents you need before starting your application.

Please state all answers clearly and provide detailed information when lodging the application. Finally, please check all parts of the application form are completed before you press 'submit'.

For data security reasons, it is not possible to save drafts of your answers in the online form, so you will need to allow enough time to complete the application in one sitting.

Need help?

If you are unsure about requirements to become an approved employer, please email (support@pacificlabourfacility.com.au).

Incomplete applications

Incomplete applications will not be assessed. Please ensure all parts of the application form are completed.