After receiving so many emails from you members of Working Holiday Jobs about scams, fair work conditions, minimum pay we decided to contact the fair work Australia office. First of all thank you to everyone that submitted there questions we really appreciate it and if you ever want to reach out or share your story please don’t hesitate too.

A spokesman from the Fair Work Australia office was kind enough to answer the questions below.
 

Here’s some shortcuts to cut directly to questions:

 

Fair Work Ombudsman Tips for Overseas workers

· You should get a Fair Work Information Statement when you start a new job.
· Keep your own records of hours worked and wages received.
· Make sure you record the name of the business you work for and its ABN.
· Ask for offers of employment and conditions of employment in writing.
· You are entitled to receive a pay slip within one day of being paid.
· You can ask your boss about minimum wages and entitlements – or you can check with the Fair Work Ombudsman.

 

1. Many members are emailing working holiday jobs about scams and issues – what should they do?

If you have been in contact with any workers who believe their workplace rights may have been compromised, please encourage them to get in touch with the Fair Work Ombudsman via the websitewww.fairwork.gov.au , or by calling the Fair Work Infoline on 13 13 94. A free interpreter service is also available on 13 14 50. Alternatively, if you are able to pass on their contact details I can arrange for a Fair Work inspector to contact them directly.

2. Can you comment on certain situations we provide you?

( We emailed in many more your queries, so you will have to contact FWA Individually)

Please note that it is not possible for the Fair Work Ombudsman to comment on the laws that apply to a specific matter without completing an independent assessment of the matter. It is therefore not possible to comment on the hypothetical situations you have described.

3. What requirements do employers have when providing accommodation?

Please also note that the Fair Work Ombudsman does not have jurisdiction relating to standards of accommodation.

Getting to know the Fair Work System

 

4. When Was The Fair Work System Created

The Fair Work system was created by the Fair Work Act 2009 and started on 1 July 2009. The Fair Work system is the name used for the minimum employment laws and agency bodies that were created by the Fair Work Act. It is the national workplace relations system.

5. What are the key features of the Fair Work Australia system

Fair Work system has the following key features are:

-Ten minimum National Employment Standards
-National awards that apply for specific industries and occupations
-the minimum wage ( National)
-protection from unfair dismissal.

The Fair Work system is separated into four bodies, Fair Work Commission, Fair Work Ombudsman, Fair Work Building Commission, Fair Work Federal Division of the Federal Court and the Federal Circuit Court.

6. What is the Fair Work Ombudsman Role?

The Fair Work Ombudsman is an independent statutory office. Our jurisdiction is set out in the Fair Work Act and our services are free to all workers and employers in Australia.
Our main role is to:

-promote harmonious, productive and cooperative workplace relations
-ensure compliance with Australian workplace laws
-monitor certain 457 subclass visa arrangements.

7. What Free Services does the Fair Work Ombudsman Provide?

Our free services include:
– a single point of contact for reliable and timely information about Australia’s workplace relations system
– educating people working in Australia about fair work practices, rights and obligations
– assessing complaints or suspected breaches of workplace laws, awards and registered agreements
litigating in some circumstances to enforce workplace laws and deter people from doing wrong in the community
– building strong and effective relationships with industry, unions and other stakeholders.

We work closely with the Fair Work Commission to ensure our services are integrated, timely, relevant and accessible to all Australians.

8. What can workers do if they feel concerned they have been underpaid or treated unfairly?

Any worker who is concerned they have been underpaid or treated unfairly at work can contact the Fair Work Ombudsman via the one of the ‘Contact Us’ options detailed at www.fairwork.gov.au , including calling the Fair Work Infoline on 13 13 94. A free interpreter service is available by calling 13 14 50.

9. What Options do employers have?

Employers seeking assistance in relation to workplace relations laws can also visit the website or call the Infoline.

10. How can you help employees and employers?

The Fair Work Ombudsman can help employers and employees understand and follow Australian workplace laws. This is done by,
providing information and education
providing tools, guides and templates
helping you resolve workplace issues.

Further information about the assistance provided by the Fair Work Ombudsman is available at:http://www.fairwork.gov.au/how-we-will-help/how-we-help-you

11. What do we need to know about minimum pay rates?

There is a system of workplace relations laws in Australia that govern the minimum pay rates and entitlements (such as leave entitlements) applicable to different employment positions.

An employee’s minimum pay rate can come from an award, enterprise agreement or other registered agreement or the national minimum wage (for more information, see: http://www.fairwork.gov.au/pay).

For example, the main award that applies in the horticulture sector is the Horticulture Award 2010 (see:http://www.fairwork.gov.au/awards-and-agreements/awards#2299-2315). Information about piece rates is available at: http://www.fairwork.gov.au/pay/minimum-wages/piece-rates-and-commission-payments

12. What do we need to know about being fired or terminated as a working holiday maker?

Information relating to ending employment, including termination entitlements and the laws that apply to dismissing employees, is available at: http://www.fairwork.gov.au/ending-employment
Information relating to the laws that apply to making deductions from employees’ wages is available at:http://www.fairwork.gov.au/pay/deducting-pay-and-overpayments
How do workers handle sick leave issues and providing medical certificates?

Information relating to sick leave and the providing medical certificates is available at:http://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave/notice-and-medical-certificates

13. What are you doing help working holiday visa holders?

The Fair Work Ombudsman has a strong focus on protecting the rights of overseas workers, including international students, because we know they can be vulnerable if they are not fully aware of their workplace rights or are reluctant to complain. We are conscious that youth, language and cultural barriers can also create difficulties for overseas workers.

14. How Does the Fair Work Ombudsman help Working Holiday Makers ( 417 Visa and Work and Holiday Makers (462)

In August last year, the Fair Work Ombudsman commenced a national review of the wages and conditions of overseas workers in Australia on the 417 working holiday visa after receiving allegations that some unscrupulous operators were exploiting backpackers.

In addition to this review, the Fair Work Ombudsman is devoting considerable resources to its Harvest Trail Project, which is aimed at ensuring the many farms around the country that rely heavily on labour from overseas workers are complying with workplace laws. The Harvest Trail was launched in response to ongoing requests for assistance from employees in the horticulture sector and confusion among growers and labour-hire contractors about their workplace obligations.

Details of the national review and the Harvest Trail Project, as well statistics relating to working holiday visa holders, are available in the following statement issued by the Fair Work Ombudsman in May. 417 Working Holiday Makers and 462 Work and Holiday Makers needed to stay informed and be educated about their rights.

Any worker/ working holiday maker who is concerned they have been underpaid or treated unfairly at work can contact www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94 for free advice and assistance. A free interpreter service for those from non-English speaking backgrounds is available by calling 13 14 50and information about workplace laws is translated into 27 different languages atwww.fairwork.gov.au/languages

15. How do you try educate overseas workers?

From time to time, we receive intelligence which suggests overseas workers in some sectors are being paid as little as $8 an hour. We are constantly looking at new and innovative ways to educate overseas workers about their workplace rights, particularly minimum pay rates. This has, for example, included running advertisements on South Korean websites that we know South Korean nationals look at before they come to Australia in a bid to help them understand their rights before they get here.

16. What Industries are Fair Work Australia on the most with overseas workers?

The Fair Work Ombudsman is active in industries known to employ significant numbers of overseas workers – including hospitality, horticulture, cleaning and trolley collecting.

17. What is the Overseas Workers Team?

In recognition of the fact that overseas workers can be particularly vulnerable, and require specialised assistance, the Fair Work Ombudsman has established an Overseas Workers’ Team.

The Team provides assistance to:
· Workers in Australia on temporary visas that have work rights,
· Newly-arrived migrants who may not be aware of Australia’s employment and workplace laws, and
· Newly-arrived migrants who, through their visa conditions, have committed to remain with their sponsoring employer for a period of time.

The Fair Work Ombudsman is keen to ensure that overseas workers in Australia are treated with dignity and respect and accorded the same rights as local workers. Indeed, that is the law.

We seek to guard against employer practices that deliberately take advantage of language difficulties, lack of knowledge of the law, unfamiliarity with government agencies and dependency created by the significant power imbalance when an overseas worker is reliant on the employer signing paperwork.

18. Can you provide examples of Fair Work Australia, Working Holiday Makers / Backpackers working together?

Since July, 2009 (when the Fair Work Ombudsman was created), the Agency has commenced dozens of litigations involving overseas workers.

The largest penalty awarded by the Courts in a matter initiated by the Fair Work Ombudsman is $343,860. This was a case against a Perth cleaning company and its manager who deliberately underpaid six cleaners – including five overseas workers from Taiwan, Hong Kong, New Zealand and Ireland.

We currently have a number of matters before the Courts alleging underpayment of overseas workers.

The Fair Work Ombudsman believes overseas workers contribute to the labour market by providing specialised skills, knowledge and innovation – and a more flexible labour supply, particularly in industries where employers have difficulty attracting domestic workers.

19. Do Working Holiday Makers / Working Visa Holders have the same rights as local workers?

The Fair Work Ombudsman is keen to ensure that all those who work in Australia are treated with dignity and respect and accorded the same rights as local workers. Indeed, that is the law.

We want the work experience of an overseas worker in Australia to be a positive one. And we simply aim to ensure that those who go to work each day are paid fairly for their labour.

As a regulator, we have a role to monitor and enforce workplace laws, but a large part of our focus is educating the community about workplace rights and obligations.

20. Can you provide any tips for overseas workers?

Fair Work Ombudsman Tips for Overseas workers

· You should get a Fair Work Information Statement when you start a new job.
· Keep your own records of hours worked and wages received.
· Make sure you record the name of the business you work for and its ABN.
· Ask for offers of employment and conditions of employment in writing.
· You are entitled to receive a pay slip within one day of being paid.
· You can ask your boss about minimum wages and entitlements – or you can check with the Fair Work Ombudsman.

Know Your Rights

The best defence for an overseas worker against being underpaid or treated unfairly is to know their rights. They have the same workplace rights as any other worker in Australia.

21. If a Working Holiday Maker is not competent with english what do you recommend?

Information to assist both employers and employees from non-English speaking backgrounds has been translated into 27 languages on the Fair Work Ombudsman website at www.fairwork.gov.au/languages.

Overseas workers, or employers, seeking advice can also call 13 14 50 if they need an interpreter.

The Fair Work Ombudsman has fact sheets tailored to overseas workers and international students on its website.

The Agency has also produced videos in 14 different languages and posted them on YouTube.

22. Do you run any workplace right presentations ?

Further, we run workplace rights presentations and seminars with relevant groups, distribute in-language posters and brochures to migrant resource centres and community groups and pro-actively engage with ethnic media.

23. Are there any cases or ruling members may be interested in?

You may also be interested in the following media releases we have issued recently:

Social media pitch to international students

Statement of Findings – Baiada Group:

International students

7-Eleven franchisee admits doctoring records and underpaying workers

 

Summary of the Fair Work Ombudsman Interview

 

24. Our Thoughts

The Fair work system was created to help workers and employers practice a legal manner. The service is free and is designed to help you. After reading through all the responses one thing we’ve noticed that it’s important to reach out to Fair work Australia and share your story with them.

We emailed them so many scenarios regarding issues with employers and the constant response was each case is different and they are unable to provide blanket answers. We will reach out to their office again to see how far we can go to obtain some detailed generic answers but in the meantime please contact fair work australia if you have any queries or problems. No matter how big or small you think they are!

25. Contact FWA

All your options are available at FWA

Phone

To speak with an Infoline adviser call 13 13 94.
We’re open 8am – 5.30pm Monday to Friday (except for public holidays).

Online Enquiries

Thank you so much for your time and if you found this piece informative or liked it please share it with friends or other people on working holidays.