The Fair Work Ombudsman is conducting surprise inspections of agriculture businesses in north and northwest Tasmania to ensure that their workers are getting the right pay.
Fair Work Inspectors have been targeting about 20 farms and labour-hire companies in response to intelligence reports indicating potential underpayments of employees in the region’s agriculture sector.
The farms that are being inspected grow a range of produce that includes berries, apples and pears. Pastoral and viticulture businesses are also being inspected.
Fair Work Ombudsman Anna Booth said 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,” Booth said. “We will take enforcement action where appropriate. 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 engages many vulnerable workers, such as backpackers, other migrants and those with limited English skills, who are particularly at risk of exploitation as they’re often unaware of their rights or unwilling to speak up,” Booth added. “Visa holders should remember they have the same workplace rights as all other workers.”
Inspectors spoke with business owners, managers and employees on the ground, and requested records as they are on alert for employers not paying for all hours worked; unauthorised deductions from wages; non-payment of penalty rates; failing to meet the minimum wage guarantee for pieceworkers in the horticulture industry; unlawfully low hourly rates for visa holders; manipulation of time and wage records; issues with payslips and more.
Investigations are ongoing at the time of publication and the FWO will publish the results at a later date.
The investigations are part of FWO’s ongoing Agriculture Strategy which began in December 2021 which has thus far targeted more than 450 businesses in 15 ‘hot spot’ regions where high risks of non-compliance have been identified. Industry sectors being investigated include viticulture, horticulture and agriculture.
Companies that are found breaching workplace laws can be imposed penalties of up to $18,780 per contravention for an individual and $93,900 per contravention for companies. Maximum penalties are 10 times higher if a court determines breaches were serious contraventions under the Fair Work Act.
