Dairy workers' court action over underpayment hit by surprise counterclaim for rent


ABC News
July 30 2019


A group of farm workers claiming they were underpaid have been hit with a surprise rent bill by their former bosses in the lead-up to a Federal Court hearing.   


Seventeen people who worked on dairy farms in south-west Victoria near Warrnambool are taking Australasian Global Dairies (AGD) to court alleging they were paid $4 an hour below the minimum wage.   

The National Union of Workers (NUW), which is representing the 17 employees, said AGD had launched "an unusual defence" by now claiming the workers in fact owe AGD money.

According to a press release from the NUW, it accuses the AGD of retrospectively charging the employees for their on-farm accommodation, which was stated as free in the original advertisement for the job.

The workers are being asked to pay back $210 each per week for staying in a house where as many as eight people stayed at a time, with some sleeping on couches for weeks.

The union alleges AGD is asking for rent during periods when the employees did not stay at the on-farm accommodation.   

The NUW estimates the figure is about four times the market rate for an equivalent property in south-west Victoria.

It is understood AGD's counterclaim regarding unpaid rent only came to light recently when documents were tendered to the court ahead of a preliminary hearing on July 31.

NUW Victorian secretary Susie Allison alleges the rent claim was an intimidation tactic.   

    "The original instance of wage theft was unjust, but to counter with retrospective rental arrears for a property publicly advertised as free is simply ludicrous," Ms Allison said.

"This feeble attempt at intimidation will not deter our members from rightfully pursuing their stolen wages."


The allegations of stolen wages dates back to 2016 and 2017.

It is alleged that AGD paid 17 casual dairy farm workers $18 an hour while they were on working holiday visas.


The minimum wage at the time was $22.12 to $22.86 an hour, with the NUW trying to reclaim a total of almost $170,000.

The NUW said the underpayment was confirmed by payslips.

Ms Allison alleged AGD had targeted non-English-speaking workers on precarious visa arrangements.

"This Federal Court case serves as yet another example of a broken visa system in which vulnerable migrant workers are exploited by businesses attempting to push down labour costs," Ms Allison said.

    "Regardless of a worker's visa status it is always unacceptable and unlawful to pay below the minimum wage, and the NUW will continue to fight for all workers who have had their wages stolen."

Australasian Global Exports runs six dairy farms in south-west Victoria near Warrnambool under the company name of Australasian Global Dairies (AGD).

The ABC has contacted AGD for comment, but the company has declined the request.

I reckonthey are gunna milk it for all its worth