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
Victorian fruit grower signs EU after unlawful wage deductions
A Goulburn Valley fruit growing company has signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman to improve its workplace compliance after it made unlawful wage deductions of nearly $127,000 from 112 employees.
To learn more, visit Victorian fruit grower signs EU after unlawful wage deductions.
Celery producers penalised nearly $167,000 over migrant exploitation
We have secured $166,860 in court-ordered penalties against one of Australia’s largest celery producers for underpaying vulnerable migrant employees more than $91,000.
To learn more, visit Celery producers penalised nearly $167,000 over migrant exploitation.
Victorian grower penalised almost $160,000 for underpaying vulnerable workers
We have secured $159,793 in court-ordered penalties against a farm business in Werribee South, Victoria, for underpaying two employees more than $28,000, falsifying records to hide the underpayments, and making unlawful deductions.
To learn more, visit Victorian grower penalised almost $160,000 for underpaying vulnerable workers.
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.
