Fair Work Ombudsman fines Sunraysia agribusinesses for record keeping and payslip breaches

Fair Work Ombudsman investigations into the Sunraysia region found 37 agricultural businesses were non-compliant with workplace laws, while 16 found to be compliant.

Fines of $136,344 were handed out for record keeping and payslip breaches, with about $129,000 of that amount issued to labour hire companies.

About $14,300 was recovered for 20 workers in the region.

Fair Work Ombudsman, Anna Booth, said the regulator would continue to prioritise and monitor the agriculture sector in the next financial year.

"With very high numbers of visa holders in the workforce, too many agriculture employers are breaching record-keeping and pay slips laws, which are the bedrock of workplace compliance," she said.

"It's a red flag if workers are not issued pay slips, can't identify their employer and are paid cash-in-hand by individuals seemingly unrelated to the apparent employing entity.

"We see this all too often in multi-level supply chains."

Victorian agricultural companies have recently been the subject of court action, with tomato and cucumber producer Lotus Farm, Werribee South alleged to have payed below award wage flat rates to two vulnerable employees.

Court proceedings against celery producer A & G Lamattina & Sons, Boneo, alleging underpayments of three visa holders is also underway.

The FWO commenced legal proceedings against the companies earlier this year, with the cases still facing the Federal Circuit and Family Court.

Ms Booth encouraged employers to access free resources from the Ombudsman to ensure they get things right, "or they will continue to face fines, backpayments and legal proceedings."

"Part of our agriculture focus is keeping a close eye on pieceworker-related compliance following last year's Horticulture Award changes," Ms Booth said.

"Overall across the sector, while there is room for improvement, we are pleased to have met many compliant growers who have been happy to see us out helping to enforce a level playing field among the crops and fields across the country."

The regulator has investigated 447 businesses in regional hot spots across Australia since its agriculture strategy began in December 2021.

Since then, the FWO handed out 98 infringement notices to agricultural businesses nationwide totalling $316,860 in fines.

Labour hire entities received the majority of those fines, with 86, while 12 growers were fined.

About $72,300 was handed out to 184 underpaid workers.

The FWO said businesses in Mildura as well as those in the Riverland region in SA and Coffs Harbour in NSW had remained "stubbornly non-compliant" since the strategy began.

Other businesses in regions including Queensland's Wide Bay, Stanthorpe and Moreton Bay had "much improved workplace practices".

The Riverland had close to $50,000 in infringement notices issued for payslip and record-keeping breaches, of which more than $42,000 was to labour hire companies.

There is still one investigation ongoing, but six compliance notices were issued in that region and recoveries were $11,841 for 32 underpaid workers.

Investigators have recently visited 32 Riverina businesses in June and September 2023 and found two in breach of laws, while 22 investigations were still ongoing.

The results come as Australia's first anti-slavery commissioner told a recent Melbourne conference that temporary migrant workers were becoming disengaged and thousands of farm workers were living in conditions which could best be described as slavery.

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