The Fair Work Ombudsman has issued compliance notices to five growers in the Riverina region and one labour hire provider following unannounced inspections. These inspections, which took place in June, revealed that a total of $5,710 in back payments was owed to four employees.
The Fair Work Ombudsman conducts random workplace visits across Australia to ensure that employers adhere to correct wage and overtime regulations, issue proper pay slips, and provide employees with information regarding their rights. In total, these recent inspections led to 11 investigations of growers and 13 concerning labour hire providers. Alongside the compliance notices, one grower received a fine of $3,300.
High Non-Compliance Rates in Riverina
The enforcement action is particularly significant given data published earlier this year, which indicated that the Riverina region has the second highest rate of non-compliance in Australia. The region recorded a breach rate of 72 percent among targeted employers who failed to meet obligations under federal workplace laws. This figure is only surpassed by Victoria’s Mornington Peninsula and Yarra Valley, which reported an 83 percent breach rate.
Anna Booth, the Fair Work Ombudsman, stated that the regulator is committed to holding horticulture employers accountable. She noted that inspectors have made surprise visits this year to Coffs Harbour, the Riverina, and the Sunraysia region—areas that have consistently ranked among the least compliant in terms of horticulture employment practices.
“We have ensured that more than $70,000 owed has been put where it belongs, in employees’ hands, and have issued close to $77,000 in fines for workplace law breaches,” Booth said.
Addressing Compliance Issues
The majority of back payments and fines have been levied against labour hire providers, although some growers directly employing workers have also been found in violation of workplace laws. Booth expressed concern that certain growers seem to believe they can shift compliance responsibilities to non-compliant labour hire providers, a misconception the regulator is actively working to correct.
The Fair Work Ombudsman is dedicated to fostering a culture of compliance within the horticulture sector. This commitment involves collaboration with employer groups and unions to help employers understand their responsibilities from the outset.
Booth urged employers to familiarize themselves with workplace obligations and take advantage of the extensive range of free educational resources available specifically for the horticulture sector. The inspections have particularly focused on protecting vulnerable visa holders, who often fill these roles and may be at greater risk of exploitation.
The Fair Work Ombudsman continues to be vigilant in its efforts to ensure fair treatment for all workers in the horticulture industry, and it remains essential for employers to adhere to their legal obligations in order to avoid penalties and protect their workforce.
