A LACK of time records for hours worked, and overtime paid to seasonal workers were among issues Fair Work Inspectors identified during a recent visit to the Sunraysia region.
A Fair Work Ombudsman spokesperson said there were irregularities with pay rates, workers being paid “group piece rates” and there was also lack of employee clarity about who they were working for.
The inspectors, who visited about 30 farms and labour hire companies including some in Mildura, Irymple, Colignan, Red Cliffs and Robinvale, found instances where gaps in information were resulting in potential underpayment.
The farms inspected included almond, citrus, garlic and grape producers.
The spokesperson said there was an example of a “‘salary” being paid with no identification of rates applicable on payslips”.
They said in other instances inspectors found some employees were unaware who their employer was, and there were instances of time records not being kept.
Inspectors noted that some employees were not receiving overtime and casual loading.
While no findings and enforcement outcomes have been decided, The Guardian understands that investigations are continuing.
Acting Fair Work Ombudsman Michael Campbell last week 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, and we will take enforcement action where appropriate,” Mr Campbell said.
“We also act to ensure employers understand their legal responsibilities, including record-keeping which is 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.
“We work hard to ensure workers understand their rights.”
Andrew Kilroy, the chief executive of Sunraysia Mallee Ethnic Communities Council, said the inspections were a reminder for workers to talk to their employers if they believed they were not being paid fairly.
But he said this could be difficult for some seasonal workers.
“We see evidence of foreign workers being underpaid, especially when those workers do not have working rights in Australia,” Mr Kilroy said.
“This cohort are most at risk of being taken advantage of as they have nowhere to go to lodge a complaint.
“That said, the need for foreign workers is huge and overall, employers do the right thing. With the current shortage of workers, employees have the upper hand and will move to an employer who pays more money and provides better conditions.”
The inspections, which come just under four months after the Fair Work Commission introduced a minimum wage guarantee for piece workers, are focused on employer practices which may breach the Horticulture award.
This includes payslip breaches, incorrect record keeping and a failure to provide the Fair Work Information Statement to employees.
Workers with questions about their pay or entitlements can contact the Fair Work Ombudsman directly by sending an online enquiry and can report their concerns anonymously if they prefer.
