417 WHV Regional Work Pay Question

[Saint]

Hi everyone, I'm hoping you may be able help me with a question regarding my regional work... My girlfriend and I have been working as farm hands on a farm in Western NSW for about 4 weeks now. Before we started, we ensured that the work we would be doing was specified work, that the farm was in an eligible postcode and that the employers were able to provide payslips. We have also completed tax file declarations and are paying tax. The farm provides keep, including accomodation, electricity, Internet etc, plus we each receive $250 a week- which we agreed before hand and are perfectly happy with. What I had not read before, however, was the part of the 2nd year visa application that states that: '

 

1. All specified work performed from 1 December 2015 onwards will need to have been paid in accordance with Australian workplace law. This will be checked when you apply. '
   

 

I am concerned as to whether the work we are doing at that pay rate will count as having been paid under Australian workplace law? When I have used the fair work ombudsman's pay calculator, the minimum for a farm hand is much higher. I did query the farmer about this and they said that it will be fine for the visa as we are unskilled and they are providing keep. Any ideas whether we will have any difficulty getting our 2nd year visa due to lower wages? Just to reiterate- we are happy with the current arrangement providing it won't be a problem. Thanks in advance for any help.

[Bungo]

Well the rule looks pretty clear, the work must be paid according to FWA. If you are not being paid enough then it is not, but have you factored in your benefits like the accommodation and is fringe benefit tax being applied?

[Saint]

Well the rule looks pretty clear, the work must be paid according to FWA. If you are not being paid enough then it is not, but have you factored in your benefits like the accommodation and is fringe benefit tax being applied?

 

Thanks for your reply. I'm not sure on the fringe benefits tax, I'd have to check.

 

With the accomodation Etc, the fair work ombudsman calculator has a 'with keep' option for a 'level 1 farm hand' which is the closest thing to our position I can find, but it is still about double what we are being paid. I'm not sure if there's another way of working it out or not.

[Bungo]

Thanks for your reply. I'm not sure on the fringe benefits tax, I'd have to check.

 

With the accomodation Etc, the fair work ombudsman calculator has a 'with keep' option for a 'level 1 farm hand' which is the closest thing to our position I can find, but it is still about double what we are being paid. I'm not sure if there's another way of working it out or not.

 

Your formating has gone all funny and I am finding your post a bit hard to read.

 

Perhaps you could post a link to the calculator you are using and also the new rules you referred to earlier so other people can take a look for you. However it does seem like you are checking the right things and drawing the right conclusions.

[Bungo]

Your formating has gone all funny and I am finding your post a bit hard to read.

 

Perhaps you could post a link to the calculator you are using and also the new rules you referred to earlier so other people can take a look for you. However it does seem like you are checking the right things and drawing the right conclusions.

 

OK well I found the calculator and agree that you are earning about half of FWA minimum award based on earnings with accommodation.

 

I also found the reference to being paid in accordance with FWA on the application form. So in this case, no it doesn't look like you are going to meet the requirements for a second WHV.

 

Your employer might not be up to speed with the new rules and may have employed many people before you that successfully got a second WHV, but things change. You need to renegotiate or change job.

Edited April 9, 2016 by Bungo