Life in Australia Guide

Farm and harvest work brings together people from many backgrounds — working holiday makers (417/462) of all nationalities, international students, and PALM scheme workers. It is also the sector where underpayment, unlawful deductions and bait advertising are reported most often. The key is to verify the channel and the conditions before you start work — this guide focuses on prevention. If a problem has already occurred, see the migrant worker exploitation reporting guide; for the 88-day count and eligible areas and industries for the working holiday second visa, see the working holiday 88 days guide; and for general payslip checks, see the payslip guide.

The common farm arrangement of 'getting paid by how much you pick' is the piece rate. Most horticulture work is covered by the Horticulture Award (MA000028), and since the amendment of 28 April 2022, even if you are paid a piece rate you are guaranteed at least 'your hours worked that day × the Award minimum hourly rate' for every day you work (including the 25% casual loading for casuals). What matters is that this is settled on a daily basis — not weekly, and not as a pay-period average. Employers must keep records of pieceworkers' hours, and the piece rate must be set at a level that allows an 'average competent employee' to earn at least 15% more than the minimum hourly rate. In other words, piece rates themselves are legal, but if the result falls short of the minimum hourly rate, the employer must pay the difference.

Farm jobs come through labour hire providers just as often as through direct employment by the farm. VIC, QLD and SA run labour hire licensing schemes, and in those states it is illegal not only for an unlicensed provider to supply workers but also to use an unlicensed provider, so the farm (host) can be penalised as well. All three states publish their official registers online for free, so always search before working through a provider. The ACT also runs its own licensing scheme. By contrast, NSW, WA, TAS and NT currently have no general labour hire licensing scheme, so there is no register to check — in those states, compensate by looking up the provider's ABN (abr.business.gov.au), getting a written contract and confirming payslips are issued.

• VIC: search by business name or licence number on the official Labour Hire Authority register (labourhireauthority.vic.gov.au)
• QLD: see the scheme information from the Office of Industrial Relations (oir.qld.gov.au) — search the register at labourhire.qld.gov.au
• SA: check the public licence register run by Consumer and Business Services (CBS)

Legitimate employment does not sell 'guarantees'. The four patterns below are classic bait-and-trap schemes repeatedly reported to the Fair Work Ombudsman and state agencies. If even one applies, demand the conditions in writing and cross-check against official channel listings. If you have already been affected, see the migrant worker exploitation reporting guide for what to do next.

Deductions taken straight from pay for accommodation or transport are the most frequently disputed items on farms and in working hostels. Under Fair Work Act s.324, a deduction is lawful only if ① the worker has agreed in writing with the amount specified and the deduction is principally for the employee's benefit, or ② it is authorised by an award, enterprise agreement, legislation or court order. Furthermore, an unreasonable deduction that mainly benefits the employer can be invalid even with written consent. Check the five points below.

• Did you give written consent specifying the amount before the deduction — verbal consent or a broad clause in a contract is not enough
• Is the deduction principally for your benefit — distinguish accommodation or transport services you chose to use from ones forced on you
• Is each deduction item and its amount shown separately on your payslip — ask for a breakdown of any lumped-together 'other deductions'
• Are the accommodation and transport charges reasonable compared with local market rates — charges well above market rates can be unreasonable deductions and invalid
• Do you know that written consent can be withdrawn in writing at any time — continuing to deduct after withdrawal is unlawful

Agriculture is among the industry groups with the highest numbers of workplace deaths and serious injuries in Australia. WHS (work health and safety) protections and workers' compensation apply to all workers regardless of visa type. Standards are set by Safe Work Australia and enforced by the state regulators (SafeWork NSW, WorkSafe Victoria, etc.). You have the right to safety training and protective equipment, and you can refuse dangerous work where there are reasonable grounds.

• Extreme heat: providing water, shade and rest breaks and managing heat risk are employer obligations. If you feel dizziness, nausea or other heat illness symptoms, tell someone immediately and stop working (for everyday sun protection, see the UV safety guide)
• Farm machinery: quad bikes are a leading cause of deaths on Australian farms. You can refuse instructions to ride one without training and a helmet, and some equipment such as forklifts requires a separate licence
• Chemicals: observing re-entry restrictions for sprayed areas and providing SDS (safety data sheets) and protective equipment (PPE) are employer obligations. If you cannot understand a label, ask for an explanation
• If you are injured: report it to your employer immediately and keep records, no matter how minor. Workers' compensation does not depend on visa status, and the claims process is covered in the workers' compensation guide
• Pressure to 'put up with it for the 88 days': attempts to force dangerous work or bury wage problems by holding your visa hostage are themselves signs of exploitation. See the migrant worker exploitation guide for reporting procedures and protections