The PALM scheme is a valuable resource that can help Australian businesses overcome labour shortages by connecting them with a reliable workforce from Pacific nations and Timor-Leste.
This blog follows on from our previous discussion, which provided an overview of the PALM scheme’s structure, benefits, concerns, and its place within the broader context of Australian migration law and policy.
For businesses interested in participating, understanding the eligibility requirements and application process is the first step. Here is a breakdown of what you need to know.
Who is Eligible to Become a PALM Employer?
To join the PALM scheme, an employer must be a legitimate business entity operating in Australia. The program has specific requirements to ensure that employers are reputable and capable of meeting their obligations:
- You must be a business registered and operating in Australia with an Australian Business Number (ABN) and/or an Australian Company Number (ACN).
- You must not be an individual, sole trader, or an unincorporated company.
- You need to demonstrate a history of compliance with Australian workplace relations, work health and safety laws, and other relevant legislation.
- The full list of criteria is extensive and is detailed in the official employer application form.
Which Industries Can Access PALM Workers?
The Australian Government is continually expanding the PALM scheme to meet the evolving needs of the Australian workforce. While the scheme has traditionally focused on specific sectors, new opportunities are emerging.
Currently, eligible industries include:
- Agriculture and horticulture.
- Agriculture-related food processing, such as meat, seafood, and fruit and vegetable processing.
- Aged care.
- Hospitality and tourism.
In addition, the government is currently running pilot programs to explore the feasibility of recruiting workers for other sectors, including a specific pilot for Early Childhood Education and Care (ECEC) and an expansion program for aged care (ACE).
The Path to Approval: The Deed and Required Documents
The process of becoming a PALM-approved employer involves a series of business checks and the submission of a formal application. To ensure an employer is financially sound and reputable, the government requires a range of documents.
Key Documents Required for the PALM approved Employer
- Financial Statements: For direct employers, copies of the last 3 (three) years of financial statements prepared by an external accountant are required. For labour hire companies, this extends to five years to prove continuous operation.
- Business Registration: Proof of your ABN and/or ACN with ASIC
- Trust Deed: If you are applying as a trustee for a trust, a copy of the trust deed is mandatory.
- Labour Hire License: If you are a labour hire company or contractor, you will need to provide a valid labour hire license for the states and territories where you operate.
Once your application is approved, you will be required to sign the Approved Employer Deed of Agreement with the Department of Employment and Workplace Relations (DEWR).
This deed is a legally binding document that outlines your responsibilities as a PALM employer and forms the foundation of your participation in the scheme. After signing the deed, you will also need to become a Temporary Activities Sponsor (TAS) through the Department of Home Affairs to sponsor workers’ visas.
The PALM scheme offers a valuable opportunity for Australian businesses, but navigating the application process and ensuring ongoing compliance is crucial.
Contact Us
If you are an employer seeking to understand or navigate the PALM scheme application and compliance process, Nevett Ford Lawyers can assist. Contact our team for advice and assistance.
Nevett Ford Lawyers Melbourne
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au
Visit our website: www.nevettford.com.au