April 23, 2019
A Brisbane-based labour-hire company has been forced to pay $50,823 in back wages to 19 Vanuatu workers.
A Fair Work Ombudsman investigation found Agri-Labour Australia Pty Ltd had failed to correctly compensate tomato pickers for their individual work.
The company has signed a Court-Enforceable Undertaking.
The 19 workers were employed under the Seasonal Worker Program between December 2017 and April last year.
Fair Work Inspectors found that Agri-Labour was paying some workers a group piecework rate, based around a team’s quantity picked, despite the company’s enterprise agreement and piecework agreements providing for workers to be paid based on their individual productivity.
Agri-Labour admitted it could not determine if the amounts paid sufficiently compensated the workers as no records were kept of actual hours worked.
It also admitted to incorrectly deducting money from wages for wet weather gear and making higher deductions than those authorised in writing.
Fair Work Ombudsman Sandra Parker said the Court-Enforceable Undertaking sent a clear message to employers across the country.
“Agri-Labour has committed to extensive measures aimed at sustained workplace compliance, and we will scrutinise their work practices for the next two years.”
Agri-Labour must pay pieceworkers based on individual productivity; keep a record of hours worked for each pieceworker; engage an external professional to complete two audits of the pay and conditions of employees; and commission workplace relations training for all persons who have responsibility for human resources, recruitment, on-site management and payroll functions.
Agri-Labour must ensure the piece rates paid are sufficient to allow an average competent employee to earn 15 per cent more than the minimum hourly rates provided by the enterprise agreement.
In addition to compensating its workers, Agri-Labour will make a $15,000 contrition payment to the Federal Government’s Consolidated Revenue Fund.
The FWO released its Harvest Trail Inquiry report last year, and is now working with stakeholders to implement the recommendations.
A spokesperson said migrant workers should be aware that, in line with an agreement with the Department of Home Affairs, they can seek assistance from the FWO without fear of their visa being cancelled.
