The Fair Work Ombudsman has conducted surprise inspections of agriculture businesses around northern Victoria’s Shepparton region to check if workers are being paid correctly.
Fair Work Inspectors have visited about 20 farms, orchards and vineyards, as well as viticulture businesses in the area. These farms grow a range of produce that includes apples, pears, stone fruits, citrus and tomatoes.
The businesses were selected based on intelligence such as anonymous reports indicating potential worker underpayments in the region’s agriculture sector, or because they employ visa holder workers who can be vulnerable.
Inspectors are looking out for incidences of low rates of pay that breach the Horticulture or the Wine Industry Award (where applicable), including with regard to piece rates; unauthorised deductions from wages; potential non-payment of overtime and inadequate breaks; payslip and record-keeping breaches and more.
Fair Work Ombudsman Anna Booth said that continuing to boost compliance among agriculture sector employers remained a priority for the agency.
“These inspections are focused on holding employers to account if they are not meeting their obligations. We will take enforcement action where appropriate,” Booth said. “We also act to help employers understand their legal responsibilities, including record-keeping – the bedrock of compliance – and the minimum wage guarantee for pieceworkers.
“This sector commonly employs vulnerable workers such as backpackers and other migrants, who may have limited English skills, be unaware of their rights, or be unwilling to speak up,” Booth added. “Visa holders should remember they have the same workplace rights as all other workers.”
The inspections are part of the regulator’s Agriculture Strategy which began in December 2021. Under the strategy, the FWO is targeting more than 450 businesses in 15 ‘hot spot’ regions of Australia where there are identified high risks of non-compliance. Results of the investigations will be published at a later date.
Breaches that warrant court action, a court can order penalties of up to $18,780 per contravention for an individual and $93,900 per contravention for companies. Companies that are not small businesses could face penalties of up to $469,500 per contravention for certain breaches. Maximum penalties are 10 times higher if a court determines breaches were serious contraventions under the Fair Work Act.
