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Exploited in the outback

Last update - Thursday, November 12, 2009, 14:17 By Metro Éireann

Seasonal farm work has long been a staple source of income for Irish backpackers in Australia, and demand for ‘fruit-picking’ jobs is higher than ever. But this increase in demand has led to some exploitative work practices, as Robert Carry reveals

‘They had us living like animals,” recalls Sean Morgan, a qualified plumber from Dublin, of his time working at an Australian vineyard.
The 22-year-old came to Australia in search of work when the Irish construction industry went into freefall. Unable to secure employment in plumbing and with funds beginning to dwindle, he turned his attention to seasonal farm work.
Morgan was among the hundreds of backpackers who responded to an online classified advert offering vineyard pruning work in Dandaragan, three hours north of Perth. The ad promised free accommodation and payment in excess of AUS$1,000 per week.
He and nine other successful applicants duly travelled to Dandaragan – only to find that the free accommodation consisted of a filthy, semi-derelict farmhouse. And when the work began, it quickly became apparent that none of them would be earning the wages promised. In a number of cases, remuneration would equate to less than the minimum wage.
The company gave a further guarantee of three months’ pruning work in the Margaret River area south-west of Perth – enough to qualify for a second one-year working holiday visa. However, when Morgan and his co-workers made the seven-hour journey to the town just 10 days in, the company’s supervisors suddenly became impossible to contact.
“They turned off their phones so we couldn’t get in touch with them,” recalls Morgan. “We left dozens of messages and sent a ton of e-mails but they basically ignored us.”

Workers reach record numbers

According to Australia’s Department of Immigration and Citizenship (DIAC), record numbers of working holiday makers are searching for harvest work in order to gain a second year-long work visa.

Yearly figures to June 2009 show the number of successful applicants has hit a record 21,727 – an increase of 84 per cent on the same period last year. The largest uptake was among South Koreans while the Irish – at 4,426 – came in second. As a result, accounts like Morgan’s are becoming increasingly common.
The surge in numbers is good news for Australian farmers. Stories of fruit and vegetables rotting on vines due to shortages of pickers have been replaced by reports of farmers being inundated with requests for work.
The National Harvest Labour Information Service, which assists job seekers searching for farm-related employment, normally gets between less than 3,000 calls per week at seasonal heights. The organisation is now reporting weekly calls in excess of 4,500.
Migrant labourers have quickly gone from a scarce resource to being easily replaceable. But the comparative scarcity of positions means workers are now forced to tolerate employment practices which would previously prompted them to look elsewhere.
We uncovered a host of exploitative work practices in a number of wineries during the course of our investigation into working conditions on vineyards in Western Australia.
Staff reported late payment of wages, incorrect payslips and mass dismissals with little or no prior notice. One Irish vineyard worker told how he was dismissed with one day’s notice when the owner of the vineyard decided to give his job to his own teenage son.
However, the most commonly cited issue was that of pay rates falling below the national minimum wage. The low pay meant staff were reluctant to take breaks and frequently worked through eight-hour shifts without stopping in order to make more than the minimum.
Unfortunately, employers paying ‘piece rate’ are exempt from minimum payment regulations under current employment legislation, so staff have little legal protection.
Australia’s Fair Work Ombudsman’s (FWO) office received a rash of complaints from vineyard workers in Western Australia since the start of the year and eventually launched an investigation. Inspectors checked the books of 27 wineries and vineyards in the south-west region, and according to its report released last month, a third were in breach of pay laws.

Obligations ‘not understood’

A spokesperson for the FWO commented: “A recent WA wine industry campaign was conducted in response to worker complaints and information from industry associations...
“Employers in the Great Southern and South West wine regions did not properly understand their obligations.”

However, the organisation revealed that the Great Southern Wine Producing Association and the Margaret River Wine Association – industry bodies of which a number of the investigated vineyards are members – were informed by the FWO of its plans to examine the issue before the investigation was launched. As a result, problems may be far more extensive than figures suggest.
The FWO stated that it is opposed to employers using the piece rate exemption as a means of paying staff below minimum wage.
A spokesperson said: “Employees must receive at least the correct minimum entitlements regardless of whether they are paid piece rates, by the hour or a salary.”


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