WK5.15 Determining applications for labour hire employer accreditation (to 04/07/2022)

1. In determining whether an employer is in a sound financial position, an immigration officer may take into account such factors as:
   1. the period for which the employing organisation has been established as a going concern; and
   2. financial indicators such as revenue, profit and equity levels; and
   3. reserve capital; and
   4. ability to sustain current and proposed employment; and
   5. accounts receivable.
2. In determining whether an employer has human resource policies and practices which are of a high standard, an immigration officer may take into account such factors as:
   1. WorkSafe NZ or Labour Inspectorate findings; and
   2. sample employment agreements; and
   3. evidence of HR and health and safety policies and procedures; and
   4. whether the employer is International Organisation for Standardisation (IOS) certified; and
   5. feedback from relevant unions and other employee representatives.
3. In determining whether an employer has a demonstrable commitment to training and employing New Zealand citizens or residence class visa holders, an immigration officer may take into account such factors as:
   1. evidence of training provided to staff who are New Zealand citizens or residents; and
   2. whether the employer makes ‘genuine attempts’ (see WK3.10.5) to recruit New Zealand citizens or residents to fill any vacancies including that advertised vacancies accurately reflect the position and salary or wages; and
   3. the proportion of the employer’s workforce who are New Zealand citizens or residents; and
   4. feedback from relevant unions and other employee representatives.
4. In determining whether an employer has good workplace practices, an immigration officer may take into account such factors as:
   1. whether the employer has diversity policies and practices in place as outlined by Diversity Works NZ; and
   2. the extent of any non-compliance with legislation listed in WK5.1(b)(iv); and
   3. where there have minor breaches of legislation listed in WK5.1 (b)(iv), the degree to which the employer has put in place remedies to prevent similar breaches in the future; and
   4. policies and processes the employer has put in place to ensure they remain compliant with the legislation listed in WK5.1 (b)(iv); and
   5. feedback from relevant unions and other employee representatives.
5. Applicants must consent to INZ seeking information from the Ministry of Business, Innovation and Employment, WorkSafe New Zealand and the Accident Compensation Corporation concerning the applicant's compliance with New Zealand employment laws. Where such consent is not given an application for accreditation will be declined.
6. An application for accreditation will be declined where the employer has a history of non-compliance with immigration or employment law, including if they fail to meet the requirements set out at W2.10.15 or are currently included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).
7. Breaches of employment standards which lead to inclusion on a list of non-compliant employers may still be considered when determining if an employer has a history of compliance with employment law, even if the employer is no longer on the list.
8. An application for accreditation will be declined where an immigration officer considers accreditation would create unacceptable risks to the integrity of New Zealand's immigration or employment laws or policies.
9. An immigration officer must be satisfied that the information and documents included in an application for accreditation are genuine and accurate, and may take any steps it determines necessary to verify such documents and the information they contain, including interviews. An immigration officer will decline an application for accreditation if they are satisfied that an employer provided false or misleading information in support of an application, or withheld relevant information that was prejudicial to the grant of accreditation.
10. INZ may, where necessary, seek the approval of an employer to conduct a site visit to the employer's premises.
11. INZ will consult with relevant unions and other employee representatives when determining whether an employer has human resource policies and processes which are of a high standard, a commitment to training and employing New Zealand citizens and residence class visa holders and good workplace practices.
12. An application for accreditation will be declined where an employer does not give consent to disclose relevant information. Before disclosing information, INZ will seek the consent of the employer for the disclosure of information that is:
    1. identified by the employer as commercially sensitive; and
    2. that information is provided in confidence to INZ; and
    3. INZ considers that disclosure of that information is necessary for the determination of an application.
13. Where INZ, in consulting with other agencies, receives information which may be prejudicial to the positive outcome of an employer's application for accreditation, that adverse information will be put to the employer for comment before a decision is made on their application.

Effective 28/08/2017