Horticulture an “agency priority” says Fair Work Ombudsman

The Fair Work Ombudsman has called the horticulture “an agency priority” after almost 40 businesses have been caught not paying staff adequately.

Fair Work ombudsman Sandra Parker says there is still work to do to ensure horticulture industry employees receive their legal entitlements. PICTURE: AARON FRANCIS

FAIR Work Australia has pledged not to let up its fight against farmers who disregard workplace laws after finding more than 40 businesses in breach of their obligations to pay staff legal wages or entitlements.

Two years after handing down its Harvest Trail Inquiry into the noncompliance of workplace laws in the horticulture industry, the Fair Work Ombudsman has released the findings of recent efforts to double-down on farmers and labour hire providers who were found in breach of the law.

Fair Work Ombudsman Sandra Parker said that improving compliance in the horticulture industry remained an “agency priority”

“There continues to be work to do to ensure that all horticulture employees are receiving their lawful wages and entitlement,” she said.

Of the 245 businesses found non-compliant in 2018 and revisited within the past year, 162 were no longer operating, 45 were found to be meeting their legal obligations, while 38 were found in breach of workplace laws for a second time.

Those offenders were fined a total of $13,030 and $64,134 was recovered for 279 employees.

It is believed some of the businesses no longer in existence may have been phoenix operations, deliberately liquidated to avoid paying debts and taxes.

Queensland’s Wide Bay and Moreton Bay were found to be particularly troublesome regions. Inspectors visited 14 labour hire providers and two growers after tip-offs of workers being paid unlawfully. More than $5500 was recovered to pay outstanding wages for 39 employees and five labour licensing firms subsequently had their licenses ripped up.

The Australian Workers Union said the Ombudsman’s findings showed the horticulture industry “thinks it’s above the law”.

Victorian Farmers Federation horticulture president said she was pleased there was increased compliance within the industry.

“Growers who do the right thing value enforcement activity to ensure a level playing field and that we value our employees who are the lifeblood of this industry,” Ms Germano said.

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