Fair Work Ombudsman
Citation: FWO-2023-03-01-bunbury-ag-audits-media-release
At a glance
- Penalty
- $16,500
- Awards cited
- MA000016
What happened
The Fair Work Ombudsman conducted surprise inspections of approximately 20 farms and labour companies around Bunbury, Western Australia. The inspections targeted businesses in Manjimup and Donnybrook. Inspectors assessed compliance with workplace laws, focusing on potential underpayments of agriculture workers, particularly those with visas. The farms grow produce like apples, pears, avocadoes, and raise beef cattle. Concerns included unpaid overtime, incorrect public holiday rates, missing pay, and inadequate breaks.
What was decided
The Fair Work Ombudsman is taking enforcement action against employers found to be in breach of workplace laws. Penalties of up to $16,500 per contravention for individuals and $82,500 for companies can be imposed. Courts can increase these penalties tenfold for serious breaches. The inspections are part of the Agriculture Strategy, targeting 300 businesses in 15 regions. Employers needing assistance can contact the FWO for free advice. Workers can report concerns anonymously.
What it means for employers
Employers in the agriculture sector must ensure they are meeting their legal obligations regarding wages, overtime, public holiday rates, and breaks. Accurate record-keeping and payslip compliance are essential. Employers should seek assistance from the FWO if unsure about their responsibilities, especially when employing visa holders.
What it means for employees
Agriculture workers, particularly those with visas, should be aware of their workplace rights and entitlements. They can report concerns about underpayments or other breaches anonymously to the Fair Work Ombudsman. Free interpreter services are available.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections