Fair Work Ombudsman
Citation: FWO-2023-05-05-ag-omnibus-may-2023-media-release
At a glance
- Penalty
- $170,000
What happened
The Fair Work Ombudsman is focusing on compliance within the agriculture sector. Since December 2021, inspectors have investigated 330 businesses in regional areas, including the Whitsunday Coast, Adelaide and Adelaide Hills, South West WA, and Stanthorpe. Investigations have focused on pay slip and record-keeping breaches, with a particular concern for labour hire companies. Inspectors have also issued notices for underpayments and failure to provide information statements to new workers. Many ongoing investigations relate to pieceworker minimum wage guarantees.
What was decided
The Fair Work Ombudsman has issued infringement notices and compliance notices to agricultural employers for breaches of record-keeping, pay slip, and information statement obligations. A total of $176,028 in fines has been issued, with labour hire entities receiving the majority. Inspectors have also issued notices for underpayments and non-monetary breaches. The Fair Work Ombudsman is urging employers to prioritise compliance and warns of further enforcement action.
What it means for employers
Agricultural employers, especially labour hire companies, must ensure compliance with record-keeping and pay slip laws. Providing new workers with Fair Work Information Statements and Casual Employment Statements is a legal obligation. Employers using piecework should ensure compliance with the Horticulture Award’s minimum wage guarantees. Failure to comply may result in fines and inspections.
What it means for employees
Agricultural workers should be aware of their rights regarding pay slips, record-keeping, and information statements. If workers cannot identify their employer or are paid cash-in-hand without proper documentation, they should report concerns to the Fair Work Ombudsman. Workers should also be aware of pieceworker minimum wage guarantees.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230505-ag-omnibus-may-2023-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →