Pacific Islander workers underpaid $14,700, worked 36 days straight on NSW farm

WORKERS recruited under the state sanctioned Seasonal Worker Program worked 36 days straight on a NSW North Coast blueberry farm.

Overworked and underpaid: Pacific Islander workers worked 36 days straight and were underpaid $14,700 on a NSW blueberry farm, according to a Fair Work Ombudsman report, released today. Picture: News Corp Australia

WORKERS recruited under the state sanctioned Seasonal Worker Program worked 36 days straight on a NSW North Coast blueberry farm.

They were also underpaid more than $14,700, according to a Fair Work Ombudsman investigation.

The investigation found 26 employees from Vanuatu, many of whom spoke little English, were recruited by Melbourne-based Seasonal Labour Solutions Pty Ltd last year.

The 416 visa holders were sent to work on a blueberry farm at Crossmaglen, near Coffs Harbour, between September last year and January this year.

The FWO found the workers had been short-changed penalty rates on public holidays under piece work agreements and were also denied appropriate rest breaks when they worked 36 consecutive days from September 29 to November 2.

Fair Work inspectors discovered Seasonal Labour Solutions had not complied with a requirement under the Horticulture Award to pay employees double piece rate penalties on the public holidays, including Christmas Day.

Fair Work inspectors discovered the workplace breaches when they audited the farm in December last year as part of the agency’s national Harvest Trail Inquiry — which has focused on the horticulture and viticulture farming sectors since mid 2013.

The Harvest Trail Inquiry began in response to “ongoing requests” for assistance from employees in the horticulture sector.

The FWO said Seasonal Labour Solutions had signed a “workplace pact” aimed at encouraging “behavioural change” and “future compliance” with its federal workplace obligations.

The company has entered into an Enforceable Undertaking with the FWO, will engage an external professional to audit its compliance with workplace laws and register with the FWO’s My Account portal and demonstrate it has developed systems for staying up to date with minimum entitlements applicable under the Horticulture Award.

Fair Work Ombudsman Natalie James said it was important the integrity of the Seasonal Worker Program was upheld.

“The Seasonal Worker Program helps contribute to the economic development of participating countries, while also offering Australian employers in the horticulture industry the ability to employ workers from selected Pacific Island countries and East Timor when they cannot find enough local labour to satisfy seasonal demand,” Ms James said.

“People from the Pacific region and East Timor can work in Australia on a short-term basis under the program, which is open to employers in agricultural industries.”

However, Ms James said the FWO was aware that many fruit pickers were also young overseas workers, often on the 417 working holiday visa, who may be vulnerable if they were not fully aware of their rights.

The FWO offers an interpreter service for non-English speaking employees who may be concerned their workplace rights have been compromised, on 131 450.