The Fair Work Ombudsman has launched surprise inspections at a number of agriculture businesses across Western Australia in a bid to ensure workers are being paid correctly.
Roughly 20 farms and labour companies around Manjimup and Donnybrook in WA’s Southwest are being assessed by inspectors this week.
The FWO received numerous anonymous reports highlighting possible underpayments of agricultural workers, as well as the employment of visa-holding workers vulnerable to exploitation.
Information provided to the FWO raised concerns about the potential non-payment of overtime and public holiday rates. Reports suggest some workers worked 11-hour days without overtime paid.
Also, the FWO noted there was unpaid time in workers’ final pay and inadequate breaks among some businesses.
The agency said it would assess compliance in line with workplace laws across the region.
Fair Work Ombudsman Sandra Parker said ensuring that proper practice was maintained across the agriculture sector remained a priority for the agency.
“Inspectors are out in the field to hold employers to account if they are not meeting their obligations,” Ms Parker said.
“We will take enforcement action where appropriate.
“We also act to ensure employers understand their legal responsibilities, including record-keeping and the minimum wage guarantee for pieceworkers.”
Agricultural sector grows with migrant workers post-pandemic
The FWO said it was important to reiterate to unaware migrant workers their rights when working in Australia.
“The agriculture sector employs a significant number of migrant workers, including backpackers, who can be vulnerable to exploitation as they may have limited English skills or become unaware of their rights or unwilling to raise concerns with their bosses,” Ms Parker said.
Following the pandemic, the Federal Government launched the Australian Agriculture Visa (AAV) program to address workforce shortages in the agriculture sector by building on existing government programs.
It was set up as a long-term contribution to Australia’s labour supply, intended to support Australia’s agricultural and primary industry sectors as they aspire to reach $100 billion in value by 2030.
Additionally, the Australian Government confirmed that as of early April 2022, more than 23,000 Pacific and Timorese employees were in Australia — the most the nation has had at any one time before.
With the influx of new workers from overseas who may have limited skills in communicating with Australian bosses, it has become even more of a priority for the FWO to crack down on unfair pay that may exist within the Western Australian agriculture industry.
The FWO sent inspectors to speak with growers, managers and employees on the ground.
The inspectors are looking for low rates of pay that breach the Horticulture Award and are investigating record-keeping and payslip breaches, as well as failures to abide by the Fair Work’s national employment standards and failure to provide a Fair Work information sheet.
The Fair Work’s Agriculture Strategy
The announced investigation falls under part of the regulator’s Agriculture Strategy, which began in December 2021.
The strategy aims to target more than 300 businesses in 15 ‘hot spot’ regions over the course of two years where there has been a hint of non-compliance.
Sectors being investigated include viticulture, horticulture, meat processing and agriculture.
The FWO confirmed breaches have the potential to warrant court action, where penalties of up to $16,500 can be served for an individual and $82,500 for a company.
The FWO’s investigation into agriculture businesses in Western Australia is part of its ongoing effort to ensure compliance with workplace laws and prevent worker exploitation.