Farm leaders fear union entry rules

Farm leaders are concerned the government’s new workplace reforms will increase red tape and see union officials potentially enter farms without notice.

The National Farmers’ Federation have raised concerns about proposed new workplace rules they believe could see union officials enter farms unannounced.

A proposal allowing officials new right-of-entry powers to demand payroll records in a bid to stamp out underpayments was included in the government’s omnibus industrial relations Bill tabled on Monday.

Farm and business leaders had pleaded with the Albanese government not to put forward the legislation until its full potential impact on productivity, jobs and the economy was established.

However, while going ahead with the introduction, Employment Minister Tony Burke said mounting pressure and a Senate crossbench backlash had caused him to delay implementing the bill changes for a year.

National Farmers’ Federation vice president and Victorian farmer David Jochinke. Picture: Supplied.

Despite this, NFF vice president David Jochinke said the “same job, same pay” laws were a recipe for disaster for producers and would only add cost, confusion and complexity to farm operations.

He also said unions being “in charge of enforcement” is “an overreach we cannot support”.

“There are safety and biosecurity considerations. We can’t just have union reps waltzing in unannounced,” he said.

“We welcome scrutiny if farmers are doing the wrong thing, but that should come from the proper authorities.”

Employment and Workplace Relations Minister and Leader of the House Tony Burke during Question Time in the House of Representatives at Parliament House, September 4, 2023. Picture: Martin Ollman

Mr Jochinke went on to say that laws on casuals were a “lawyers’ picnic” and already causing “mass confusion”.

“Like most farmers, I don’t have a team of lawyers sitting in my back paddock to help me wade through this,” he said.

The proposed new laws also include increased fines of up to $7.8 million and 10 years in jail for bosses caught deliberately underpaying employees.

Mr Burke told the ABC this week that the clauses were about ensuring people were adequately remunerated and would not seek to punish “honest mistakes”.

He also said delegates would be given some greater powers and the right of entry rules without 24 hours’ notice had been added to scrutinise the books in cases of suspected underpayments.

However, it would only apply to union, not non-union, members and an existing ban on right of entry being used for home businesses and residential premises was unchanged.

Mr Burke said the measure was necessary to stop documents being destroyed and, in cases where records were fixed to hide wrongdoing, to catch employers red-handed.

The National Union of Workers was contacted for comment.