Yarra Valley Labour Hire: 100% Non-Compliance Found

Every single one. That is the result of the Fair Work Ombudsman’s latest audit of labour hire providers in the Yarra Valley. All 23 providers audited were found to be non-compliant with Australian workplace laws.

Across the broader horticulture sector, the numbers are nearly as stark: 83% of businesses audited were non-compliant. 464 workers have recovered wages owed to them. $760,000 in fines have been issued.

These are not isolated cases or fringe operators. This is a systemic pattern playing out right now, during peak harvest season, when Australia’s horticulture workforce is at its largest and most vulnerable. If you work in harvest, labour hire, or any part of Australia’s horticultural supply chain, these findings have direct implications for your pay.

What the Fair Work Ombudsman Found

The Fair Work Ombudsman (FWO) has been running a targeted strategy to address non-compliance in Australia’s horticulture industry. The results, published in early February 2026 and reported by the Mountain Views Star Mail, Upper Yarra Star Mail, and Ranges Trader, paint a concerning picture.

The Yarra Valley Audit

The FWO audited 23 labour hire providers operating in the Yarra Valley, one of Australia’s most productive agricultural regions. The findings were unambiguous:

100% of providers were found to be non-compliant with workplace laws
Breaches included underpayment of minimum wages, failure to pay correct penalty rates, missing or incorrect payslips, and superannuation shortfalls
Workers affected included Australian citizens, permanent residents, and visa holders

The Broader Horticulture Picture

The Yarra Valley audit was part of a larger horticulture compliance strategy. Across the sector nationally:

83% of all businesses audited were non-compliant
464 workers have had wages recovered on their behalf
$760,000 in fines have been issued to non-compliant employers
Breaches ranged from simple payslip errors to deliberate underpayment of base rates and penalty rates

The Victorian Labour Hire Authority has also taken significant enforcement action, with 392 licences issued, 198 licence applications refused, and 252 licences cancelled or suspended since the licensing scheme began.

Why Is Non-Compliance So High in Horticulture?

Understanding why this industry has such persistent compliance issues helps explain why individual workers need to take their pay verification into their own hands.

1. Complex Award Conditions

Horticulture workers are covered by the Horticulture Award 2020, which includes specific provisions for piece rates, casual loading, overtime, and penalty rates. Many employers, particularly smaller operators, struggle to apply these correctly. But struggling to comply is different from choosing not to.

2. Labour Hire Supply Chains

When a farm or packing shed uses a labour hire provider, the employment relationship becomes layered. The worker is employed by the labour hire company, not the farm. This creates distance between the worker and the entity ultimately profiting from their labour, and that distance can obscure whether entitlements are being paid correctly.

3. Seasonal and Casual Workforce

Harvest work is inherently temporary. Workers move between regions and employers. Short engagements mean workers often do not stay long enough to identify underpayment, and even when they do, the transient nature of the work makes follow-up difficult.

4. Visa Vulnerability

A significant proportion of Australia’s harvest workforce holds temporary visas, including Working Holiday visas (subclass 417 and 462), student visas, and seasonal worker visas. Some workers fear that raising pay concerns could affect their visa status or future employment. This creates a power imbalance that some employers exploit.

5. Limited Oversight Capacity

Despite the FWO’s increased focus on horticulture, there are thousands of agricultural businesses and labour hire providers across Australia. Regulatory resources are finite. The 100% non-compliance rate in the Yarra Valley suggests that without active auditing, non-compliance may be the norm rather than the exception.

What This Means for Workers

If you work in horticulture, particularly through a labour hire provider, these findings should prompt you to check your own pay records. Here is what to look for.

5 Things to Check on Your Payslip

1. Your hourly base rate Under the Horticulture Award, minimum hourly rates vary by classification level. As of 1 July 2025, the minimum casual hourly rate (including the 25% casual loading) for a Level 1 employee is above $29 per hour. If your hourly rate is lower than the published minimum, you may be underpaid.

2. Penalty rates for weekends and public holidays Saturday work attracts a 125% rate for casuals. Sunday work attracts 150%. Public holidays attract 225%. These are not optional extras. They are legal entitlements under the Modern Award.

3. Piece rate compliance If you are paid piece rates (per bin, per tray, per kilogram), you must still earn at least the minimum hourly rate over each pay period. If your piece rate earnings fall below the hourly minimum, your employer is required to top up the difference. Many do not.

4. Superannuation contributions Your employer must pay superannuation at the current rate of 12% on top of your ordinary earnings. Check your super fund statements to confirm contributions are being made and that the amounts match your earnings.

5. Correct payslip details Every payslip must include your employer’s name, ABN, the pay period, hours worked, rate of pay, gross and net amounts, superannuation contributions, and any deductions. Missing or vague payslips are themselves a compliance breach.

What Protections Exist?

The regulatory framework has strengthened in recent years, but enforcement still relies heavily on workers knowing their rights.

Labour Hire Licensing

Victoria’s Labour Hire Authority requires all labour hire providers to hold a valid licence. You can check your provider’s licence status on the Labour Hire Authority website. If your provider does not hold a valid licence, that is an immediate red flag.

Fair Work Ombudsman

The FWO provides free resources and can investigate underpayment complaints. All complaints can be made anonymously, and your employer is legally prohibited from taking adverse action against you for raising a pay concern.

Small Claims Process

If you have been underpaid, you can recover wages through the small claims process without needing a lawyer. Claims of up to $20,000 can be pursued through the Federal Circuit and Family Court.

Workplace Rights

Australian law protects your right to:

Ask about your pay and entitlements
Request payslips and employment records
Lodge complaints with the FWO
Join a union

These protections apply regardless of your visa status.

Frequently Asked Questions

Can my employer retaliate if I ask about my pay?

No. Australian workplace law specifically prohibits adverse action against workers who exercise a workplace right, including asking about pay or lodging a complaint. This protection applies to all workers, including those on temporary visas.

What if I was paid in cash with no payslip?

This is a serious breach of the Fair Work Act. Employers are legally required to provide payslips within one working day of payday. If you have been paid in cash without records, document what you can (dates worked, hours, amounts received) and contact the FWO.

Do piece rate workers have minimum wage protections?

Yes. Even if you are paid by output (per bin, per tray), you must earn at least the applicable minimum hourly rate across each pay period. If your piece rate earnings fall short, the employer must make up the difference.

How far back can I claim underpayment?

You can claim underpaid wages going back up to six years from the date of the claim.

Know Your Worth

The Yarra Valley findings are a wake-up call, but not a reason to feel powerless. When 100% of audited providers are non-compliant, it confirms what many workers already suspect: the system is not self-correcting. Workers who check their own pay are the ones who catch errors and recover what they are owed.

That is exactly what Justiico is built for. Our automated wage audit platform analyses your payslips against your Modern Award entitlements and identifies discrepancies in minutes, not months. No lawyers, no jargon, no guesswork.

464 workers in horticulture have already recovered wages through FWO action. If your pay has not been checked, you do not yet know if you are one of the many being shortchanged.

Start Your Free Audit

Disclaimer: This article provides general information about workplace entitlements in the horticulture industry and is not legal advice. For specific advice about your situation, contact the Fair Work Ombudsman on 13 13 94 or seek independent legal advice.