Your Rights & Obligations

Bundaberg Fruit and Vegetable Growers is a regional organisation, representing the Horticulture Industry in the Wide Bay Burnett.
We are not a commercial farming operation or contract labour hire agency, for job opportunities please refer to the Harvest Trail website or our ‘current listings’ page.

Your Rights & Obligations

In this section we cover the main areas that relate to your employment while working in Australia. If there is a topic we have not covered, you will generally find the answers by following the main industrial relations information source websites

National Employment Standard

The National Employment Standards (NES) are 10 minimum employment entitlements that have to be provided to all employees.

Who’s covered by the NES

All employees in the national workplace relations system are covered by the NES regardless of the award, registered agreement or employment contract that applies.

Your employer should provide you with a copy of The Fair Work Information Statement. You should receive a copy of this for every new job you commence.

The My Employment checklist below is to help new employees know what questions to ask themselves and their employer before they start a new job. Download the checklist as a ready reference.

[Source: Fairwork Ombudsman]

The Award

Most employers will pay employees on the Horticulture 2010 Award.
You may be employed on a contract, casual, piece rate, part-time or permanent basis depending on the employers needs.

Once you know which award you are paid under, if you have any queries you can review the Award details HERE.

If you are paid under a different AWARD you can search the Fairwork Ombudsman website HERE.

[Source: Fairwork Ombudsman]

Pay

Employees are entitled to be paid for the work they complete as per an employers requirements.

All employees are legally entitled to receive a payslip that is provided by the employer within 1 day of the pay interval, eg: Weekly, Fortnighly or Monthly.
Your employer can give you either a paper or electronic payslip.

You should check your payslip each week to ensure the information and pay is correct. We have provided an example of what a correct payslip should look like.

There is a wealth of other useful information available on the Fairword Ombudsman website.
Follow this link to learn about your other pay entitlements.

[Source: Fairwork Ombudsman]

Workplace Health and Safety

In additional to an employers requirements, workers also have work health and safety obligations to themselves and their workmates. As a worker, you must:

  • comply with instructions given for work health and safety
  • use personal protective equipment if your employer provides it and if you are properly trained to use it
  • not wilfully or recklessly interfere with or misuse anything provided for work health and safety at the workplace
  • not wilfully place others at risk
  • not wilfully injure yourself.

[Source: Business Queensland – LINK]

Discrimination

It is illegal to discriminate against someone on the basis of characteristics including:

  • sex, age, race, gender identity or sexuality
  • relationship status
  • pregnancy, breastfeeding, family responsibilities or parental status
  • impairment
  • religious belief or activity
  • political belief or activity
  • trade union activity
  • status as a legal sex worker.

If you feel that you are being discriminated against whilst at work, you should first try and discuss this with the person responsible, your supervisor or employer as there may be a formal complaint process at the workplace.

You can also contact:

[Source: Queensland Government]

Queensland Labour Licencing

All labour hire providers operating in Queensland need to be licensed under the scheme. This includes labour hire providers based interstate or overseas who supply workers in Queensland.

Users of labour hire must only engage licensed providers. The scheme helps users of labour hire and workers find a licensed labour hire provider through a register. There are strong penalties for operating without a licence and for using an unlicensed provider.

Who is a labour hire provider?

A labour hire provider is a person who, as part of carrying on a business, supplies labour hire workers to do work for another person or business (the labour hire user).

Examples of labour hire providers include:

  • a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower
  • a group training organisation or principal employer organisation that supplies an apprentice or trainee to a host employer
  • an employment agency that on-hires temporary administration staff to a business.

Report a problem

The Labour Hire Licensing Compliance Unit works in partnership with other State and Commonwealth departments to protect the rights and entitlements of labour hire workers in Queensland.

If you have concerns or information about the mistreatment of workers, unlicensed labour hire providers or another business using workers supplied by an unlicensed labour hire provider, you can lodge a report online.

[Source: Queensland Government, Labour Hire Licencing Queensland]

A workplace free of workplace bullying, discrimination and sexual harrassment

Not all behaviour that makes a person feel upset or undervalued at work is workplace bullying.
Examples of behaviours, whether intentional or unintentional, that may be workplace bullying if
they are repeated, unreasonable and create a risk to health and safety include, but are not limited to:
• abusive, insulting or offensive language or comments
• aggressive and intimidating conduct
• belittling or humiliating comments

The Dealing with workplace bullying – A worker’s guide has been developed by Safework Australia to help employees understand workplace bullying and what they can do to get help.


[Source: Safework Australia] 

Sexual Harassment

Sexual harassment is any form of sexual attention that is unwelcome, including:

  • unwelcome touching or other physical contact
  • remarks with sexual connotations
  • requests for sexual favours
  • leering
  • the display of offensive material.

Sexual harassment applies to both men and women. It’s not restricted to the workplace and applies in all situations.

Sexual harassment may be a criminal offence, such as obscene phone calls, indecent exposure or sexual assault.

[Source: Queensland Government]

What to do if you feel you have been sexually harassed;

  • If you can and feel safe to do so, ask the person to stop immediately,
  • If the behavious continues and you feel safe to do so, speak with your employer, they may be able to intervene,
  • If the behaviour is a serious sexual harassment or assault or you feel in any way unsafe you should contact the local authorities immediately and report the incident.

Reporting a Sexual assault.
If the incident is happening now?, Is the suspect still at the scene? Is anyone seriously injured or in immediate danger? 
Please contact Triple Zero, 000

Queensland Police also provide information on their website you can view this HERE or report an incident using their online form HERE

[Source: Queensland Police]

Disclaimer: Bundaberg Fruit & Vegetable Growers (BFVG) is not affiliated with the above Government Departments and opinions expressed by the above are their own and not necessarily the views of BFVG. BFVG accepts no responsibility for individual interpretation of information provided. BFVG accepts no responsibility for omissions, typographical or printing errors, inaccuracies or changes that may take place after distribution.  BFVG encourages employers, contractors and employees to comply with Australian laws relating to industrial relations, misleading or deceptive conduct and other unfair practices, discrimination, defamation, human rights and any other laws under which liability may be incurred. BFVG accepts no responsibility for any breaches of these laws by any other persons or businesses.

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Thank you for taking the time to contact our office.

Our office hours are Monday through Friday 9am til 4pm.

  • 23 Enterprise Street, Bundaberg QLD 4670
  • Phone: +61 (7) 4153 3007
  • Email: bfvg.info@bfvg.com.au or use the form on this page.

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