Surprise inspections by the Fair Work Ombudsman have led to compliance notices for five growers and one labour hire provider in the Riverina region of Australia. The inspections resulted in a total of AUD 5,710 in back payments ordered for four employees. These actions highlight ongoing concerns about compliance with federal workplace laws in the area.
In June, inspectors conducted unannounced visits specifically targeting the horticulture sector in the Riverina, resulting in 11 investigations of growers and 13 related to labour hire providers. Along with the compliance notices, one grower received a penalty of AUD 3,300. These efforts follow recent data indicating that the Riverina has the second highest rate of non-compliance in Australia, with a breach rate of 72 percent among targeted employers. Only the Mornington Peninsula and Yarra Valley in Victoria reported a higher rate at 83 percent.
Regulatory Focus on Horticulture Sector
Anna Booth, the Fair Work Ombudsman, emphasized the regulator’s commitment to holding horticulture employers accountable. “So far we have ensured that more than AUD 70,000 owed has been put where it belongs, in employees’ hands, and have issued close to AUD 77,000 in fines for workplace law breaches,” Booth stated. She noted that the majority of these back payments and fines have been levied against labour hire providers, although some growers directly employing workers have also been found in breach of compliance.
Booth expressed concern that certain growers may mistakenly believe they can delegate compliance responsibilities to non-compliant labour hire providers. This misconception is a focus for the regulator, as they work to clarify responsibilities within the sector. The Fair Work Ombudsman is dedicated to building a culture of compliance, acknowledging that achieving this requires collaboration with employer groups and unions.
Protecting Vulnerable Workers
The inspections particularly aim to protect vulnerable visa holders, who often fill roles within the horticulture industry. Employers are encouraged to familiarize themselves with their workplace obligations and take advantage of the extensive range of free educational resources available for the horticulture sector.
The Fair Work Ombudsman continues to emphasize the importance of compliance across the industry. As inspections reveal high rates of non-compliance, the regulator’s actions serve as a reminder to growers and labour hire providers about the necessity of adhering to workplace laws. By working together with stakeholders, the Fair Work Ombudsman aims to foster a more informed and compliant workforce, ultimately benefiting both employees and employers.
