Harvest trail campaign
In August 2013 we started a 3 year campaign to help employers and employees working on the Harvest trail to understand their rights and obligations at work.
Every year seasonal harvest workers follow the Harvest Trail of ripening fruit, vegetables and other crops around Australia. From January grape picking in the Hunter Valley to autumn apples in Tasmania, October mangoes in the Northern Territory and cherries at Christmas time. The horticulture and viticulture industries employ many travellers and seasoned harvesters.
Why the Harvest trail?
Our experience of working with employers and employees in the horticulture industry has shown there is often:
- confusion about employer obligations, including how to use piece rate agreements
- a lack of understanding about grower’s obligations when using a labour hire service.
What are we doing about it?
From tomatoes in northern Queensland to strawberries in Victoria and cucumbers in Western Australia we’re talking to growers and workers about:
- minimum wages and conditions, including piece rates
- record keeping and pay slips
- labour hire and supply chain issues.
Our campaign isn’t just about auditing growers. We want to find out what’s happening out there and what problems growers face when dealing with workplace laws.
We’ll be visiting and revisiting growing regions during the campaign and working with industry associations to build ongoing relationships.
Learn about workplace relations laws
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Labour hire – what growers need to know
Engaging labourers through a third party contractor can seem like an easy option. However, there are risks that growers need to manage.
Contracting out labour for a very low price may result in employees throughout the supply chain missing out on basic rights like minimum wages, penalties, loadings, overtime, allowances and leave.
It may also mean the contractor is engaging in sham contracting arrangements with sub contractors to avoid their legal responsibilities as an employer.
If the price of a proposed contract seems too good to be true, it probably is.
Why should growers care about what happens in their supply chain?
Choosing the contractor who offers the lowest price without looking more closely and asking questions about how they can offer such low prices can:
- damage a business’s reputation and the reputation of a whole growing region
- expose growers to financial penalties if workplace laws are breached.
We are relying on growers and their communities to help us uncover rogue contractors and make sure they are following Australian workplace laws. Contact us to report rogue contractors.
Labour hire checklist
Ask a potential labour hire contractor:
- What is your ABN?
- How are you hiring your workers?
- If they are engaging employees by the piece, make sure they have written agreements in place.
- Will you give them a Fair Work Information Statement?
- How are you going to pay your employees?
- How much?
- How often?
- Will you give them pay slips?
- Do you know which award will cover them?
Growers should make sure they have a written contract with their labour hire contractor outlining what is expected of the contractor, in particular that they will employ employees in line with Australian workplace laws.
Find out more about sham contracting laws on our Independent contractors page.
Read about some of the work we’ve done so far:
Source reference: Fair Work Act 2009 (Cth) section 550
Help for small business
- Contact the small business helpline for quick and easy access to our advisers and workplace relations information. Call the helpline on 13 13 94 and press option 3
- Find tools, resources and information you might need on our Small business page.
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