New regulations to make it lawful for Tasmanian farm workers to be sacked and evicted on same day

Under changes to residential tenancy regulations set to come into effect in September, farm owners will be allowed to sack and evict workers from their accommodation on the same day.

Unions Tasmania State Secretary Jessica Munday. Picture: Chris Kidd

It will soon be lawful for Tasmanian farm owners to sack and evict workers on the same day but the state government is facing calls to scrap the “unacceptable” change.

The amendments to the Residential Tenancy Regulations, which were promised by the Liberals during the state election campaign, have been gazetted and will come into effect on September 20.

Under the changes, owners of primary production land will be permitted to link employment contracts to residential tenancy agreements for people working and living on the same land.

Ben Bartl principal solicitor Tenants Union of Tasmania. Picture: Nikki Davis-Jones

The government says it has listened to concerns from farmers regarding “red tape” and that the changes will give them more flexibility to provide accommodation for employees and bolster recruitment.

But Tenants’ Union of Tasmania principal solicitor Ben Bartl said the changes were unfair and would put seasonal workers in a precarious position.

“All renters at risk of eviction need to be provided with notice including a reasonable amount of time to move out as is already the law in other Australian states or territories,” he said.

“We are calling on the government to withdraw the draft law and consult further with stakeholders.”

Unions Tasmania secretary Jessica Munday said migrant workers were “some of our most vulnerable”.

Changes to Tasmania’s residential tenancy regulations will make it lawful for farm workers to be sacked and evicted from their accommodation on the same day. PICTURE: ZOE PHILLIPS

“For the Tasmanian parliament to support laws that would allow migrant workers to be evicted from their accommodation on the same day as their employment ends – even if they have been unfairly dismissed and haven’t yet had the chance to pursue that issue – is unacceptable,” she said.

“This is a worker’s rights issue and migrant workers need time to find new accommodation after their employment ends.”

Primary Employers Tasmania, an organisation of employers connected to the state’s primary industries, welcomed the changes last month, saying they would allow more housing to be built for employees.

Consumer Affairs Minister Madeleine Ogilvie said the changes ensured farmers could offer a residential tenancy contract as part of an employment agreement if they were providing housing to workers, which would allow both workers and employers “flexibility”.

“The national employment standards provide protections on termination of workers and periods of notice. This puts Tasmanian farmers and workers in a better position than interstate and provides the clarity needed and delivers what was promised in our election commitment,” she said.

Consumer Affairs Minister Madeleine Ogilvie.

“All other protections in the Residential Tenancy Act will continue to apply, including minimum standards for premises to ensure that housing for primary producer workers is safe and suitable.”

The Liberals have also committed to address restrictions on the development of housing on agricultural land by providing an option for more than one dwelling to be built on a single title, whether it be temporary or permanent.

Short-term, modular, or transportable housing options will be made possible on farms for worker accommodation, as well.