The regulations expand the existing subclass 416 (special program) visa to cover workers who have been invited by an approved organisation to participate in the Rudd Government’s pilot seasonal worker scheme.

The scheme will place workers in regional Australia where there is unmet demand for low skilled workers for employment in horticultural positions.

Over the course of three years, the pilot will allow up to 2500 seasonal workers from Kiribati, Papua New Guinea, Tonga and Vanuatu to work in the horticultural industry in regional Australia for up to seven months each year.

‘The Rudd Government has responded to calls for assistance from the Australian horticulture industry, which says up to $700 million in fresh produce is left to rot because of a lack of reliable workers,’ Immigration and Citizenship Minister Chris Evans said.

‘Pacific workers and their communities also stand to benefit from employment experience, remittances and training gained as part of the scheme.’

The subclass 416 visa will allow Pacific Island workers to stay for up to seven months in any 12-month period and enable them to return each year.

Under the conditions of the visa, Pacific seasonal workers will not be granted a visa if they have serious convictions. All workers will be subject to standard health checks, which include the need for a chest x-ray to test for active TB. Additional health checks may also be required, subject to consultation with their home countries.

Employers will be required to commit to participate in programs for the training and career development of Australians who may not yet be job-ready, particularly income support recipients, Indigenous Australians and Humanitarian job seekers.

Employers must also have a record of compliance with Australian laws and ensure workers are paid in accordance with Australian salaries and conditions of employment. Overseas low-skilled seasonal workers will only be employed after employers have demonstrated that they have first made reasonable efforts to employ Australians.

The program will be administered by the Department of Education, Employment and Workplace Relations and will be reviewed after 18 months to ensure it is meeting the needs of rural communities, rural industries and workers.

The first contingent of workers is expected to arrive later this year.