FWO activities
The agriculture industry, including horticulture, is a key focus for us.
On this page:
- Recent activities
- Our work in the horticulture industry
- Horticulture Compliance Report
- Harvest Trail Inquiry
- What we’re doing to promote change
Recent activities
“Be brave”, migrant fruit picker encourages workers, as NSW labour hire operator faces court
We have commenced legal action against the operators of a labour hire company operating in NSW’s horticulture industry for alleged breaches affecting two migrant fruit pickers.
To learn more, visit “Be brave”, migrant fruit picker encourages workers, as NSW labour hire operator faces court.
Former Queensland labour hire provider and manager penalised for false records
We have secured a total of $180,288 in court penalties against a former Queensland labour hire provider and its manager following “an attempt to fraudulently mislead and deceive” a Fair Work Inspector.
To learn more, visit Former Queensland labour hire provider and manager penalised for false records.
Labour-hire operator in court over alleged underpayment of Japanese fruit pickers
We have commenced legal action against a labour-hire operator for his alleged involvement in underpaying two Japanese fruit-pickers who worked on a farm in NSW’s Mid-North Coast region.
To learn more, visit Labour-hire operator in court over alleged underpayment of Japanese fruit pickers.
Griffith crackdown ignites as Operation Flint targets horticulture non‑compliance
The Australian Taxation Office (ATO), Fair Work Ombudsman (FWO) and Department of Home Affairs’ Australian Border Force (ABF) have joined forces to investigate labour hire providers and protect workers in the agricultural industry, particularly the horticulture sector in Griffith, New South Wales.
To learn more, visit Griffith crackdown ignites as Operation Flint targets horticulture non‑compliance.
Victorian vegetable farm allegedly underpaid migrant workers more than $645,000
We have commenced legal action against a vegetable farm in Victoria for allegedly underpaying 28 migrant workers more than $645,000. Facing court is Bulmer Farms Pty Ltd, which produces vegetables including lettuce, spinach and broccoli in Lindenow, in the East Gippsland region.
To learn more, visit Victorian vegetable farm allegedly underpaid migrant workers more than $645,000.
Our work in the horticulture industry
Our experience working with employers in the sector has shown there’s often confusion about an employer’s workplace obligations. This includes:
- using piece rates
- grower’s obligations when using a labour hire service.
We've been working closely with businesses across Australia to:
- raise awareness about workplace laws
- educate employers about workplace rights and obligations
- increase compliance with workplace laws.
This also includes proactive compliance activities, such as farm visits in regional areas.
Horticulture Compliance Report
In response to the non-compliance issues found in the Harvest Trail Inquiry, we developed our Horticulture Strategy.
We investigated growers and labour hire providers in 15 key regional hot spots identified as high-risk for non-compliance with workplace laws.
Our key findings included:
- 68% of non-compliance was from labour hire providers
- non-compliance by growers didn’t seem to be deliberate
- piecework requirements weren’t met including record keeping and payment of the guaranteed minimum hourly rate
- poor record-keeping and incorrect pay slips continue to be a major problem in the sector
- growers had a good understanding of their obligations but arrangements for working with labour hire providers were inconsistent.
Learn more at Horticulture Compliance Report
Download the Horticulture Compliance Report (PDF)
Harvest Trail Inquiry
In 2018, we released our Harvest Trail Inquiry Report detailing our inquiry into workplace arrangements in Australia’s horticulture sector. This came in response to concerns about non-compliance with workplace laws from within the industry.
From the Harvest Trail Inquiry, we learned about:
- widespread misuse of piece rates
- a negative impact where labour hire arrangements were used illegally
- low consumer awareness and unwillingness to pay more for ‘domestic fair trade’ produce contributing to workplace exploitation.
Learn more about:
What we’re doing to promote change
We understand what contributes to non-compliance in the sector and we’re working hard to improve things. We’re doing this by:
- working with key business owners and influencers in the industry to drive behavioural change
- enhancing the regulatory framework
- enhancing compliance through information, education and support for employers and employees.
We'll continue to maintain a key focus on the sector. This is due to:
- the high proportion of vulnerable workers employed
- changes to workplace laws on piece rates and piecework
- ongoing issues relating to labour supply.
