22 October 2026

This is a joint media release from the Fair Work Ombudsman (FWO), Australian Taxation Office (ATO), Department of Home Affairs’ Australian Border Force (ABF) and SafeWork NSW.

A coordinated operation involving Commonwealth and state regulators has inspected horticulture farms and labour hire businesses in the Nambucca Valley and Coffs Harbour regions of NSW to check compliance with workplace, tax, migration and safety laws and detect any phoenixing.

The joint activity, known as Operation Brambles, involved the Fair Work Ombudsman (FWO), Australian Taxation Office (ATO), Department of Home Affairs’ Australian Border Force (ABF) and SafeWork NSW on the ground for two days this week.

Officers from the agencies inspected berry farms, interviewing growers, pickers and packers as well as any supervisors and third-party intermediaries such as labour hire businesses.

Investigations are ongoing and no findings are yet available.

Targets were selected for inspection due to a known or alleged history within their labour supply chain of, variously, non-payment for time worked; underpayments including piece rate issues; not paying the right penalty rates or casual loading; not paying overtime; not issuing payslips; failing to give breaks to employees; or not meeting tax and super obligations, among other issues.

The FWO previously identified the combined Coffs Harbour and Grafton region as a troublespot in its 2025 Horticulture Compliance Report, with 61 per cent of all employers assessed during those earlier investigations not meeting their obligations under the Fair Work Act. Within this overall figure, non-compliance was 74 per cent among labour hire employers.

The operation reflects an ongoing commitment by regulators to work together and prevent harms caused to often vulnerable workers and businesses doing the right thing from operators involved in breaches, including any potential phoenixing by labour hire businesses.

Fair Work Ombudsman Anna Booth said the horticulture sector was a continued priority for the agency given its significant number of visa holders.

“All businesses within labour supply chains need to be aware that taking action to protect visa holders and hold to account non-compliant businesses operating within the horticulture sector are priorities for the Fair Work Ombudsman,” Ms Booth said.

“We welcome the opportunity to unite with our fellow regulators to detect and disrupt any phoenix behaviour and to put a spotlight on businesses’ compliance under tax, immigration and workplace safety laws.

“We urge any workers in this sector who are concerned about pay or entitlements to contact the Fair Work Ombudsman directly for free advice and assistance. Visa holders have the same rights as all other workers, and protections exist for their visa if they ask for help.”

Australian Taxation Office Assistant Commissioner Jarred Needham said the Phoenix Taskforce brings agencies together to share intelligence and coordinate action to detect and disrupt phoenix behaviour and hold those responsible to account.

“These inspections in and around Coffs Harbour demonstrate that approach in action, with agencies sharing intelligence and undertaking coordinated compliance and enforcement activity,” Assistant Commissioner Needham said.

“Honest businesses and the community expect us to work together to detect and disrupt phoenix behaviour and ensure a level playing field.”

Department of Home Affairs’ Australian Border Force Acting Commander of Field Operations and Sponsor Monitoring, Chris Andino, said regional areas continue to be a focus for employer compliance and migrant worker exploitation operations.

“We’re committed to working with partner agencies to identify non-compliance within Australia's labour market, including labour hire intermediaries facilitating the employment of migrant workers,” Acting Commander Andino said.

“We know regional industries rely on seasonal workforces, and we want to ensure those workers are employed lawfully, treated fairly and protected from exploitation.

“Businesses that employ or engage migrant workers must comply with Australia's workplace and migration laws, regardless of their location or industry.”

SafeWork Commissioner Janet Schorer said every worker has the right to work in a safe and healthy workplace.

"Compliance blitzes such as Operation Brambles are an important part of SafeWork NSW’s strategy to proactively address high-risk activities across the State,” Commissioner Schorer said.

"Managing work health and safety in the horticulture sector is a complex regulatory issue which often requires a coordinated response across multiple state and federal agencies.

“SafeWork NSW remains actively focused on ensuring workers and duty holders in the horticulture sector are aware of their rights and obligations under work health and safety laws in NSW.

Phoenix activity is a deliberate attempt to avoid paying debts owed by a company by transferring assets of that company and continuing the same or similar business through a new entity, leaving employees, creditors (including other businesses), and the community to bear the cost. Simply, phoenix activity is closing one company to avoid debts, then reopening with the same – or similar – activity, leaving people like employees and creditors unpaid.

The FWO recently announced a litigation against a NSW labour hire operator that supplied visa holder workers to pick blueberries on farms in the Coffs Harbour region, and a separate litigation against another labour hire operator in the region allegedly involved in underpaying visa holders. In a recent case, the FWO secured more than $180,000 in court penalties against a former Queensland labour hire provider and its manager following breaches in relation to fruit farm workers.

Information for migrant workers, including on protections for visas, is available at the FWO’s visa holders and migrants webpage. Information for employers and employees in the horticulture sector can be explored in our Horticulture Showcase.

Anyone with information relating to potential immigration offences or suspicious activity is encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice. A free interpreter service is available on 13 14 50. Workplace issues can be reported online anonymously, including in languages other than English. Employees can also seek information from their union, if they are a member, or from their employer. Employers can seek information from their employer association if they are a member.