Growers who have any concerns regarding pay rates, or other contractual practices used by labour hire companies, have many resources available to be proactive in protecting yourself and your staff.
While the Australian Banana Growers’ Council is not aware of any issues with the majority of labour hire firms, who have been essential for many growers in dealing with current worker shortages, all banana businesses should be aware of their legal obligations.
The ABGC has put together a checklist – with links to relevant websites – if your employees do raise issues or concerns, or if you become aware of any potential problematic conduct.
Checklist
Check your location
In Queensland, laws require labour hire businesses to be licensed. These laws are managed by Labour Hire Licensing Queensland.
If you’re in NSW, WA or the NT, there is no equivalent overarching body, but relevant resources and guidelines are available.
In Queensland
Staying on top of potential issues
Labour Hire Licensing Queensland suggests some strategies to help tackle any concerns:
- Use the QLD labour hire register to check your provider has a current licence
- Use the Fair Work Ombudsman’s pay calculator to calculate rates of pay your labour hire company should be paying
- Ensure your employees are receiving payslips, and that they contain correct information
- Maintain a list of all workers on your site
- Understand your obligations to labour hire workers (visit Fair Work for more)
- Check contract prices to ensure labour costs can be covered in accordance with relevant Awards and Enterprise agreements
- Set clear expectations with your labour hire company
- Be aware of any subcontracting taking place
- Inform the Office of Industrial Relations of any problems and contact Labour Hire Licensing Queensland if you need further information
How to report a suspected problem
- Use the online Report a problem form
- Call 1300 576 088
- Make an anonymous report here
In NSW, WA and the NT
Staying on top of potential issues
While there is no equivalent overarching body covering these issues in NSW, WA and the NT, many of the guidelines above are still relevant including:
- Use the Fair Work Ombudsman’s pay calculator to calculate rates of pay your labour hire company should be paying
- Maintain a list of all workers on your site
- Understand your obligations to labour hire workers (visit Fair Work for more)
- Check contract prices to ensure labour costs can be covered in accordance with relevant Awards and Enterprise agreements
- Set clear expectations with your labour hire company
- Be aware of any subcontracting taking place
The Fair Work Ombudsman also have dedicated pages for help on contracting labour and supply chains.
How to report a suspected problem
You can report a suspected problem anonymously to Fair Work via this link.
Who to contact for more information
The ABGC also suggests you contact your preferred HR or industrial relations specialist if you need any further details.