Once you have RSE status you need our agreement to recruit (ATR) before you can make a job offer to an overseas worker. To get an ATR, you must continue to meet the requirements of RSE policy. You have to:
- pay the market rate for the work carried out
- pay half the return airfare between New Zealand and the worker’s country of residence (or half the return airfare between New Zealand and Nadi (Fiji) for workers from Kiribati and Tuvalu)
- ensure your overseas workers have access to suitable accommodation, food, and health services at a reasonable cost
- let us know as soon as possible if any of your overseas workers breach their permit conditions
- let us know as soon as possible about any disputes with holders of RSE limited purpose permits that have resulted in suspension or dismissal of the worker
- have direct responsibility for the daily work output and supervision of the workers recruited under this policy (unless the exception to this rule applies)
- avoid using the services of a contractor who does not meet their statutory obligations with regard to employment, health and safety and tax laws and who uses illegal labour.
Note: For the purposes of this policy, the return airfare is defined as the total cost of travel from the worker’s country of residence (or from Nadi (Fiji) for a worker who is a citizen of Tuvalu or Kiribati) to New Zealand and back, including all associated taxes and fees.
ATR requirements
You have to:
- take all reasonable steps to recruit and train New Zealanders for available positions before trying to recruit non-New Zealand citizen or resident workers
- avoid using a recruitment agent who seeks a commission from workers in exchange for securing an employment agreement, to recruit non-New Zealand citizen or resident workers
What will your ATR allow?
An ATR will usually allow you to recruit workers from the following Pacific countries:
You may be able to recruit workers from other countries if you can:
- show us that you have pre-established relationships with workers of other nationalities, or
- show us that you have made reasonable attempts to recruit from the specified Pacific countries, but were unsuccessful, or
- can show us why you cannot recruit from these countries.
How to apply for an ATR
You must apply for an ATR using the Application for an Application for an Agreement to Recruit under the Recognised Seasonal Employer Work Policy (NZIS 1141).
What will I need to provide with my application?
Our application form will ask you for the following information:
- the region(s) of seasonal demand
- the number of workers required
- the nature of each position (planting, maintaining, harvesting, or packing crops)
- the length of time each position is available
- the country or countries from which you intend to recruit their workers
- a copy of the employment agreement that you will be offer to the workers.
You will also have to show us how you will make available the following to ensure your workers are well looked after (we call this 'pastoral care'):
- transportation to and from the port of arrival and departure
- an induction programme
- suitable accommodation
- transportation to and from the worksite(s)
- access to personal banking
- personal protective equipment
- onsite facilities (toilets, hand washing, first aid, shelter, fresh drinking water)
necessary language translation (eg, for health and safety purposes)
- opportunities for recreation and religious observance.
What other things do we take into account when deciding your application?
In determining whether you will be granted RSE status, we will take into account:
- whether vacancies have been listed with the appropriate regional Work and Income office(s)
- whether it is clear that there are no New Zealand citizen or resident workers available to undertake the work
- whether there are sufficient places left
- whether the number of workers requested is appropriate for the work required, or this number of people exceeds the forecast labour shortage for the region and period requested
- whether the needs of the horticulture industry and viticulture industry as a whole have been taken into account.
When you have an ATR
When you have an ATR you must meet pay requirements and employment conditions.
- Make sure your overseas workers have a written employment agreement.
- Meet the requirement to pay market rates.
- Pay half the return airfare between New Zealand and the worker’s country of residence.
- Comply with the permitted pay deductions.
- Allow the Department of Labour to audit you against RSE Work Policy and the conditions of the RSE’s ATR and employment agreements.
You will also need to pay any costs (to a maximum of NZ$3000) if any of your workers needs to be sent back to their own country if they've breached the terms and conditions of their permit. You will have to provide a repatriation agreement guaranteeing that you will pay these costs. We have templates for these agreements available.
Requirements your workers must meet
Your workers will need to meet our requirements before they will be given a limited purpose visa or permit. The requirements, and details of what employees must do to get a visa or permit under this policy, will be available shortly on our Apply and Settle site.