A LACK of time records for hours worked, and overtime paid to seasonal workers were among issues Fair Work Inspectors identified during a recent visit to the Sunraysia region.
A Fair Work Ombudsman spokesperson said there were irregularities with pay rates, workers being paid “group piece rates” and there was also lack of employee clarity about who they were working for.
The inspectors, who visited about 30 farms and labour hire companies including some in Mildura, Irymple, Colignan, Red Cliffs and Robinvale, found instances where gaps in information were resulting in potential underpayment.
The farms inspected included almond, citrus, garlic and grape producers.
The spokesperson said there was an example of a “‘salary” being paid with no identification of rates applicable on payslips”.
They said in other instances inspectors found some employees were unaware who their employer was, and there were instances of time records not being kept.
Inspectors noted that some employees were not receiving overtime and casual loading.
While no findings and enforcement outcomes have been decided, Sunraysia Daily understands that investigations are continuing.
Andrew Kilroy, the chief executive of Sunraysia Mallee Ethnic Communities Council, said the inspections were a reminder for workers to talk to their employers if they believed they were not being paid fairly.
But he said this could be difficult for some seasonal workers.
“We see evidence of foreign workers being underpaid, especially when those workers do not have working rights in Australia,” Mr Kilroy said.
“This cohort are most at risk of being taken advantage of as they have nowhere to go to lodge a complaint.
“That said, the need for foreign workers is huge and overall, employers do the right thing. With the current shortage of workers, employees have the upper hand and will move to an employer who pays more money and provides better conditions.”
The inspections, which come just under four months after the Fair Work Commission introduced a minimum wage guarantee for piece workers, are focused on employer practices which may breach the Horticulture award.
This includes payslip breaches, incorrect record keeping and a failure to provide the Fair Work Information Statement to employees.
The predicament of seasonal workers in northwest Victoria has recently been in focus with Victoria’s labour hire authority notifying Mildura Rural City Council about a number of possible unregistered rooming houses operating in Mildura.
These houses were found to not comply with minimum accommodation standards, and one house linked to a labour hire provider was showing signs of overcrowding and safety risks.
In an unrelated finding, Victoria’s Labour Hire Authority found MADEC had contracted accommodation for seasonal workers which did not meet minimum standards.
MADEC agreed to repay labour hire workers a portion of their wages which had been deducted for the accommodation.
Workers with questions about their pay or entitlements can contact the Fair Work Ombudsman directly by sending an online enquiry and can report their concerns anonymously if they prefer.
