26 farm workers, employed by a Melbourne-based firm on 416 visa (special program visa) to work at a blueberry farm in NSW, were underpaid more than $14,700, a Fair Work Ombudsman investigation has found.
These workers recruited from Vanuatu, under Seasonal Worker Program*, worked 36 days straight without a day off, werent paid penalty rates for working on public holidays and many of them spoke little English.
Melbourne-based Seasonal Labour Solutions Pty Ltd (SLS) hired them last year on 416 visa and sent them to work on a blueberry farm at Crossmaglen, near Coffs Harbour.
Apart from being short-changed the penalty rates, the employees were denied appropriate rest breaks when they worked 36 consecutive days. From September 29 to November 2, they stopped work intermittently when rain interrupted harvesting.
FWO discovered the underpayments and breaches when they audited work practices on the farm in December last year.
On the blueberry farm, FWO discovered that Seasonal Labour Solutions had not complied with a requirement to pay employees double piece rate penalties on the public holidays that fell during their employment, including Christmas Day.
This led to the workers being underpaid a total of $14,720. The largest underpayment of an individual worker was $770.
Seasonal Labour Solutions has co-operated with the Fair Work Ombudsman’s investigation and back-paid the workers in full.
According to Fair Work Ombudsman, it is important to know what you are worth. For picking fruit or vegetables, or pruning, you should receive at least $22.13 an hour on a casual hourly basis.
FWO Natalie James says it is important that the integrity of the Seasonal Worker Programme be upheld.
The Fair Work Ombudsman also offers an interpreter service for non-English speaking employees who may be concerned their workplace rights have been compromised, and they can call 13 14 50.
*The Seasonal Worker Programme helps contribute to the economic development of participating countries, while also offering Australian employers in the horticulture industry the ability to employ workers from selected Pacific Island countries and Timor-Leste when they cannot find enough local labour to satisfy seasonal demand. People from the Pacific region and Timor-Leste can work in Australia on a short-term basis under the programme, which is open to employers in agricultural industries and to employers in certain locations across Australia in the tourism and accommodation industries.
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