Workers recover $1m in lost pay

MORE than $1 million in lost wages has been recovered for 2500 workers after a major investigation uncovered widespread problems on fruit and vegetable farms.

The Fair Work Ombudsman’s Harvest Trail Inquiry completed 836 investigations in the past five years, involving 444 growers and 194 labour hire contractors, with the majority picked at random.

More than half of the investigations found breaches, including underpayment and failed record keeping.

But the ombudsman believes the extent of worker underpayments is significantly higher than the $1,022,698 clawed back for workers who follow fresh fruit, vegetables and wine grapes harvests around Australia.

“Our inquiry highlighted unacceptable practices of underpaying workers in one of Australia’s largest rural industries,” Fair Work Ombudsman Sandra Parker said yesterday.

Growers rely on overseas workers who commonly do not have a good understanding of Australian work rights and entitlements, the report found.

“Migrant workers may not seek help because of language and cultural barriers, concerns about visa status, or because they are unaware of their rights,” Ms Parker said.

The majority were on working holiday visas, with people on that category particularly vulnerable to exploitation.

As well as underpayments, the FWO found examples of other exploitation including substandard accommodation, transport and extra charges.

During the inquiry, the ombudsman took court action against eight employers for alleged breaches of the Fair Work Act, with four involving labour hire contractors.

Six matters have been finalised, resulting in over $500,000 in penalties, and two remain before court.

The ombudsman handed out 150 formal cautions, 132 infringement notices, 13 compliance notices and seven enforceable undertakings and started eight legal proceedings.

Despite expressing concern about the findings, the vegetable industry is confident actions undertaken will remove law-breaking operators.

“We condemn the mistreatment of farm workers in any form and this type of behaviour has no place in the horticulture industry,” AUSVEG chairman and Victorian vegetable grower Bill Bulmer said.

Australian Council of Trade Unions secretary Sally McManus called for laws to be changed to give workers quick and easy access to justice to recover unpaid wages.