Fair Work investigates 20 Gatton, Lockyer Valley businesses, farms after allegedly underpaying staff, visa holder workers

Fair Work is investigating about 20 agricultural businesses in the Lockyer Valley region after it was alleged they were underpaying employees, including visa holder workers. Details here.

Around 20 farms and labour-hire businesses in the Lockyer Valley are being investigated by the Fair Work Ombudsman after allegations were made of ‘workplace law breaches’.

Fair Work inspectors completed surprise audits of the Gatton horticulture organisations this week, after investigations commenced to determine if workers were being paid appropriately.

The businesses, some of which employ visa holder workers, are being assessed for compliance and came under Fair Work’s radar after several anonymous reports were made against them.

It has been alleged the organisations involved have failed to pay staff minimum wage or award rates, as well as casual, weekend and public holiday loadings.

Paying unlawfully low flat rates, making unauthorised deductions and pay slip breaches are concerns which have also been raised to Fair Work.

Reportedly, some employees have not received payment at all for time worked.

Acting Fair Work Ombudsman Kristen Hannah encouraged both staff and employers who were concerned that obligations were not being met, to reach out to the organisation for free advice.

“Inspectors are out in the field to hold employers to account if they are not meeting their obligations,” Ms Hannah 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.”

In addition to claims of underpayment breaches, the companies which grow a variety of produce are also being investigated for allegedly failing to issue pay slips, retain records and provide the Fair Work Information Statement to workers.

Ms Hannah said it was important for overseas workers to understand they have equal rights to Australian citizens and residents in the workplace.

“The agriculture sector employs a significant number of migrant workers who can be

vulnerable to exploitation,” she said.

“They may have limited English skills, or be unaware of their rights or unwilling to raise concerns.”

About 20 farms in the Lockyer Valley are under investigation by Fair Work for allegedly underpaying staff.

As part of the investigation, inspectors will be speaking to a range of staff members including growers, labour hire operators, managers and employees.

If found guilty of failing to meet pay slip and record-keeping obligations, individuals can face fines of up to $1878 or companies of up to $9390.

Breaches which lead to court action could result in a fine of up to $18,780 for an individual or $93,900 for companies, per contravention.

Lockyer Valley Regional Council Mayor Tanya Milligan said she hoped businesses across the region were treating their employees fairly.

“We expect all businesses to apply fair, appropriate and legal employment practices,” she said.

“And (we) would be disappointed to learn that any of our local farms or other businesses were taking advantage of their staff.”

More than 300 businesses in the viticulture, horticulture, meat processing and agriculture industries and across 15 regions, will be investigated as part of Fair Work’s Agriculture Strategy.

Investigations would take place over the course of two and a half years as part of the initiative which commenced in December 2021.

For advice visit fairwork.gov.au or phone 13 13 94. An interpreter service is available on 13 14 50.

Originally published as Fair Work investigates 20 Gatton, Lockyer Valley businesses, farms after allegedly underpaying staff, visa holder workers