Planning In Agriculture: Securing Skilled Talent Without Legal Risks

This guide helps Australian farm owners, operations managers and labour hire coordinators plan staffing and stay compliant. It reflects the law and official guidance.

Key obligations include paying the correct award rates with the piecework floor, using licensed labour hire where required, checking work rights with VEVO, and following sponsor duties for temporary skilled visas. See the Horticulture Award summary updated 14 May 2025 and pay guide effective 1 July 2025, and the piecework floor explainer first applied from 28 April 2022

Visa options now

1. Skills in Demand visa subclass 482. This replaced the TSS 482 from 7 December 2024. Streams include core skills and labour agreement. Employers must be approved sponsors and nominate eligible roles and salary.
2. Skilled Employer Sponsored Regional subclass 494. For regional employers to address local shortages.
3. Employer Nomination Scheme subclass 186. Permanent residence for eligible sponsored workers via direct entry or temporary residence transition.
4. Working Holiday Maker programs subclasses 417 and 462. Farms can hire WHM holders who meet specified work rules for second or third visas.
5. PALM scheme. Enables approved Australian employers to recruit workers from Pacific countries and Timor Leste for seasonal jobs up to 9 months or longer placements up to 4 years.
6. Subclass 408 temporary activity. The COVID 19 Pandemic event closed to new applicants on 1 February 2024. It is not a seasonal farm hiring pathway now.

Compliance checklist

1. Labour market testing. Follow current Home Affairs sponsor nomination instructions where required under Skills in Demand or 494 nominations. Document evidence.
2. Sponsor obligations. Keep records, notify reportable changes, ensure the role and pay match the nomination, and meet salary thresholds.
3. Award coverage and pay. Identify the correct award. Many farm roles are under the Horticulture Award.
4. Piecework floor. Pieceworkers must receive at least their hourly minimum for each day worked. Keep written piecework records and show the hourly rate.
5. Labour hire licensing. If you use labour hire, you must use licensed providers where schemes operate.
6. VEVO checks. Confirm each worker's visa status and conditions before work and at sensible intervals.
7. Accommodation and transport. Ensure any accommodation or transport you arrange is safe and lawful. Apply workplace safety duties and do not make unlawful deductions from wages. Use the Horticulture Award and FWO guidance.
8. Safety. Meet your state and territory workplace health and safety duties for farm work and seasonal work logistics. Refer to state WHS regulators.
9. Modern slavery reporting. If group consolidated revenue is at least 100 million dollars, prepare a modern slavery statement under the Modern Slavery Act 2018.
10. ABF employer sanctions. Serious penalties and prohibited employer declarations apply for unlawful work or breaches. See ABF prohibited employer overview updated 6 November 2024. Always run VEVO checks and keep evidence.

PALM and labour hire risks

1. Only recruit through approved PALM employers and follow pastoral care, accommodation and welfare standards published by DFAT and the PALM scheme.
2. Some states refuse or cancel labour hire licences for non compliance. Victoria reports licence refusals and cancellations. Check your provider history.
3. The Pandemic event 408 pathway is closed. PALM workers should hold the 403 PALM stream. Verify before placement.

Vetting contractors

1. Confirm a current labour hire licence where required and keep a copy of the licence number and expiry.
2. Require written assurance that all workers have valid work rights and that VEVO checks are completed and recorded before deployment.
3. Test payroll samples against the Horticulture Award pay guide. Confirm the piecework floor is met every day. Keep time and attendance records.
4. Inspect accommodation and transport arrangements against WHS duties and award rules.
5. Include termination rights if licences are suspended or if non compliance is found.

Contact Roam Migration Law for tailored advice on workforce planning and compliance for agriculture.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.