Harvest Labour Services Guideline
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Start date
Effective date
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01 07 15
01 07 15
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Explanatory Note
All capitalised terms have the same meaning as in the jobactive Deed 2015–2020. In this document, ‘must’
means that compliance is mandatory and ‘should’ means that compliance represents best practice and that
compliance is discretionary.
Disclaimer
This Guideline is not a stand-alone document and does not contain the entirety of Employment Services
Providers’ obligations.
It must be read in conjunction with the Deed and any relevant Guidelines or reference material issued by
Department of Employment under or in connection with the Deed
Summary
This Guideline specifies a Harvest Labour Services Provider’s (HLS Provider) responsibilities in relation to the
delivery of Harvest Labour Services (HLS).
Policy Intent
HLS are provided to:
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source the supply of labour necessary to meet the harvest requirements of growers
mobilise people from outside the Harvest Area to meet growers’ labour needs
connect people looking for Harvest Work, including job seekers on Income Support, with Harvest Labour
opportunities.
HLS Providers should engage with the National Harvest Labour Information Service if they require assistance
meeting growers’ needs.
Relevant Deed clause/s
The relevant clauses in the jobactive Deed 2015–2020 (the Deed) include:
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Annexure A1—Definitions
Clause 15.4—Precondition of the Provider’s entitlement to be paid a Payment
Clause 16—Evidence to support entitlement to Payments
Section 3D—Records Management
Part D—Harvest Labour Services.
Harvest Labour Services Guideline
TRIM ID: EM15/000987
Effective Date 1 July 2015
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Relevant references
Reference documents relevant to this Guideline include:
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Documentary Evidence Guideline
Direct Registration Guideline
Servicing Job Seekers with Challenging Behaviour Guideline
Fair Work online
Department of Agriculture
Biosecurity booklet
Department of Immigration and Border Protection
Immigration Compliance website
Visa Entitlement Verification Online (VEVO) service
Harvest Placement Services and Other Harvest Labour Services
Process
Details
Promotion and
marketing
HLS Providers must promote and market the Harvest Placement services within and
outside the Harvest Area, including through:
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Deed clause references:
• Clause 134.6
Liaison with Harvest
Employers
Deed clause references:
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Clause 134.5
Clause 134.6
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liaising with all Harvest Employers and their associations or bodies in the
Harvest Area to promote the HLS
attending field days and expos
strategically advertising the HLS through print and electronic media
gathering and providing information to prospective Harvest Workers on local
facilities and useful services or information such as local tourist attractions,
emergency services, doctors’ surgeries, pharmacies and tourist information
centres.
HLS Providers must maintain a presence in the Harvest Area(s) specified in the
schedule to the Deed to ensure ongoing liaison with Harvest Employers and
associations of Harvest Employers.
Liaison with Harvest Employers and associations of Harvest Employers must include:
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identifying prospective Harvest Worker numbers and duties that will be
required for the season
identifying issues affecting the upcoming season, such as Australian and
overseas markets, new crops or varieties of plantings or removal of crops
identifying accommodation and working-day transportation options for
Harvest Workers
educating and raising awareness with Harvest Employers and Harvest
Employer associations about the requirements of the Department of
Immigration and Border Protection for working in Australia and the penalties
and consequences involved if a Harvest Employer employs a worker who is
not entitled to legally work in Australia
outlining arrangements for how a Harvest Employer will contact the HLS
Provider to lodge a Harvest Vacancy and how they will communicate with
each other, and
agreeing with Harvest Employers on the implementation of a ‘safe place of
work’ for referrals. The HLS Provider should confirm that the worksite where
Harvest Workers are being sent does not present a risk to health and safety.
In addition, the HLS Provider should confirm that
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Harvest Labour Services Guideline
TRIM ID: EM15/000987
the Harvest Employer:
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is familiar with relevant work health and safety legislation and
guidance materials applicable to the type of work to be
performed by Harvest Workers
will provide adequate on-site supervision
will provide any training needed to operate the machinery
and tools required for the Harvest Vacancy
Harvest Workers:
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are encouraged to provide feedback on the safety of Harvest
Employers’ worksites and raise any safety issues they
experience
where applicable, are aware of the implications of being an
independent contractor, for example, that they may need to
obtain their own health and safety insurance in instances
where the Harvest Worker will be an independent contractor
of the employer, and
have an obligation to carry out work in a safe manner and are
required to have a current driver’s licence to drive in
Australia.
Note: Each farm or orchard will present different risks in relation to safety that must
be assessed and managed to ensure the health and safety of Harvest Workers.
HLS Providers must have processes in place to manage this requirement. HLS
Providers have obligations to ensure the safety of Harvest Workers under the relevant
state or territory work health and safety laws where these apply.
HLS Providers must advise their Account Manager immediately of any health and
safety issues of a serious nature, or any other issues that may bring the Government
or HLS into disrepute.
Sourcing Harvest
Vacancies
Deed clause reference:
• Clause 134.2
• Annexure A1
Definitions
HLS Providers must source Harvest Vacancies to meet the Harvest Work requirements
of Harvest Employers.
Harvest Vacancies must:
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involve Harvest Work
takes place during the Harvest Period
not contravene Commonwealth, state or territory legislation
provide terms and conditions of employment which are consistent with the
relevant workplace relations and work health and safety laws
satisfy any relevant Guidelines.
Harvest Vacancies must not include vacancies with labour hire companies contracted
to horticultural producers.
The HLS Provider must ensure that all Harvest Vacancies are for Harvest Work.
Harvest Work includes:
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Harvest Labour Services Guideline
TRIM ID: EM15/000987
harvesting, cleaning and packing fruit and vegetables
harvesting cereals and other horticultural crops
pruning and trimming vines and fruit trees
thinning and trimming flowers
chipping and weeding
operating harvesting equipment, and
any other like activities, as specified in any Guidelines,
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but does not include:
o planting of any horticultural crops in preparation for a harvest; or
o any work in relation to any crops which the Department determines
are not horticultural crops or as specified in any Guidelines.
The Department has determined that Harvest Work does not include planting,
growing or harvesting of sandalwood or sandalwood products. Similarly, all forms of
aquaculture do not fall within the definition of Harvest Work.
HLS Providers must mobilise Harvest Workers from locations outside the Harvest Area
to ensure that there is a sufficient and timely supply of Harvest Workers available to
meet the requirements of Harvest Employers when Harvest Work commences.
Lodging Harvest
Vacancies
Deed clause reference:
• Clause 134.2
The HLS Provider must lodge the Harvest Vacancies it receives on the Department’s IT
Systems at the first business opportunity.
When lodging a Harvest Vacancy on the Department’s IT Systems, the HLS
Provider must ensure the job title accurately reflects the type of work and makes it
clear that the position complies with the Deed definition of Harvest Work and is not a
generic term such as ‘farmhand’ or ‘labourer’ (stone fruit picker, packing shed hand
etc. would be suitable).
If the salary offered is by contract, HLS Providers must give an indication of the
proposed contractual arrangements. The salary or wages specified must be in
accordance with any relevant Commonwealth or state legislation, including minimum
wage legislation. Harvest Workers and Harvest Employers should be advised to
contact the relevant state or territory authority or Fair Work Australia on 131 394
or Fair Work online for all pay and conditions enquiries.
HLS Providers must raise Harvest Vacancies with a realistic number of positions that
reflect the total number of Harvest Workers expected to be required by each harvest
grower.
Maintaining Harvest
Vacancies
HLS Providers must ensure that each Harvest Vacancy lodged on the Department’s IT
Systems is complete and up to date at all times. Harvest Vacancies with multiple
positions do not need to be closed until Harvest Placements have been made for all
the available positions. For example, a Harvest Vacancy with 50 positions does not
have to be closed until 50 Harvest Placements have been made or there is no further
need for Harvest Workers.
Checking eligibility
HLS Providers must undertake checks in order to determine whether a prospective
worker meets the definition of Harvest Worker and is therefore eligible to be placed
in a Harvest Placement.
Deed clause reference:
• Clause 134.2
Deed clause reference:
• Annexure A1
Definitions
Checks of prospective workers must be carried out in person. In order to meet the
definition of Harvest Worker, prospective workers must be able to prove that they are
not prohibited by law from working in Australia.
It is a federal offence to knowingly or recklessly allow an illegal worker to work or to
refer an illegal worker for work. HLS Providers must sight photographic identification
of the prospective worker and confirm their identity in person.
Australian citizens
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All Australian citizens have unlimited permission to work in Australia.
Visa holders
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Harvest Labour Services Guideline
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Not all visas allow the holder to work in Australia. Check that the visa holder
Effective Date 1 July 2015
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has a valid work visa.
To confirm that a person is entitled to work, please refer to advice provided by the
Department of Immigration and Border Protection at www.immi.gov.au.
The Department of Immigration and Border Protection provides a Compliance website
containing information about people working illegally in Australia.
To check that the person has a valid visa to work in Australia, access the Visa
Entitlement Verification Online (VEVO) service.
Note: HLS Providers must keep file notes stating the date and type of check carried
out of all checks that lead to a Harvest Placement.
The Department of Immigration and Border Protection recommends that copies of
passports, visas and other personal documentation are held by the HLS Provider.
HLS Providers must recheck Harvest Worker eligibility before the start of any Harvest
Placement to ensure that any applicable work visas are still valid. Working visa to and
from dates must be recorded on the Department’s IT Systems.
Direct Registration
Deed clause reference:
• Clause 134.4
HLS Providers must directly register all Harvest Workers who present to them and are
not currently registered in the Department’s IT Systems (that is, they do not have a
Job Seeker Identification Number) before referring them for Harvest Work.
Direct Registration must be carried out according to the Direct Registration Guideline.
HLS Providers must use either the Harvest Worker Participation Form or the Direct
Registration Form contained in the HLS Provider Portal to Directly Register Harvest
Workers. The Harvest Worker Participation Form is used to register people wishing to
access HLS only and no other Employment Service.
HLS Providers must retain a copy of the completed and signed Direct Registration
form or Harvest Worker Participation Form that contains a range of Personal
Information used to determine Harvest Worker’s eligibility for Direct Registration.
Referring Harvest
Workers
When Referring Harvest Workers to Harvest Work, the HLS Provider must discuss the
following with the Harvest Worker:
Deed clause reference:
• Clause 134.2 (b)
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physical requirements for the particular Harvest Work
pay rates
conditions of employment
current weather conditions in the Harvest Area
recommended clothing
transport options to Harvest Work jobs
accommodation options
biosecurity, and
compliance with directions in relation to work health and safety in the
workplace.
HLS Providers must refer Harvest Workers to the Harvest Vacancy on the
Department’s IT Systems on the first business opportunity. The date of the
referral must not occur after the date the Harvest Placement starts.
Referrals and Harvest Placements made over weekends may be recorded as at the
following Monday’s date. Comments must be included in the Department’s IT
Systems.
Note on biosecurity: People travelling around Australia and working on many
different farms need to be aware of biosecurity issues and take a few simple
Harvest Labour Services Guideline
TRIM ID: EM15/000987
Effective Date 1 July 2015
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precautions to prevent spreading pests and diseases.
More information on biosecurity is contained on the Department of Agriculture
website. A booklet for workers is also available.
Verifying and recording
the Harvest Placement
Deed clause reference:
• Clause 134.2
Quarterly and annual
reports
Deed clause reference:
• Clause 134.8
HLS Providers must verify the referral took place before claiming a Harvest Placement.
HLS Providers must record the Harvest Placement on the Department’s IT Systems
within 28 days of that placement including.
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the date of the confirmation of harvest employment with the Harvest Placement
a description of the confirmation method
details of the Harvest Employer’s staff member who confirmed the Harvest
Placement, and
• comments if the referral and/or placement occurred on a weekend.
A Harvest Placement Fee cannot be claimed for placing a Harvest Worker with a
labour hire company contracted to a horticultural producer.
HLS Providers must provide each year quarterly reports within 15 days of 30
September, 31 December and 31 March and one annual report within 15 days of
30 June to the Department as specified in the Deed. The following information must
be included for each quarterly report:
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provision of marketing and promotional activities, outlining steps taken to
attract Harvest Workers, including those in receipt of an income support
payment
details of liaisons with Harvest Employers and their representative
organisations (including names and methods of engagement)
methods used to canvass Harvest Vacancies from current and prospective
Harvest Employers
flow of information to and from the National Harvest Labour Information
Service (this does not include individual Harvest Vacancies which flow through
the Department’s IT Systems)
details of any reports made to the Fair Work Ombudsman or the Department
of Immigration and Border Protection regarding any potentially illegal
practices of private labour hire contractors operating in the Harvest Areas
itinerant worker numbers and movement into and out of the Harvest Area
other issues and concerns arising out of the Harvest Work.
The annual report must include the following information:
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all of the quarterly report information for the quarter ended 30 June
a review and analysis of the year’s harvest
Harvest Vacancy lodgement details (numbers of Harvest Vacancies lodged and
numbers of positions available)
Harvest Placement details (including reasons for not fulfilling Harvest
Employer requirements)
Harvest Employer feedback
any issues of concern.
In accordance with the Documentary Evidence Guideline, the HLS Provider must
retain a copy of each quarterly and annual report.
Harvest Labour Services Guideline
TRIM ID: EM15/000987
Effective Date 1 July 2015
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