Your work rights during farm work in Australia on a working holiday visa

What protections apply to farm work?

All workers in Australia are covered by the Fair Work Act, including:

• Minimum wage protections
• The relevant industry award (usually the Horticulture Award for farm work)
• Safe working conditions
• Workers compensation if you are injured at work
• Protection from exploitation regardless of visa status
• Right to receive accurate payslips

Your visa status does not reduce these protections.

What is the Horticulture Award?

Most farm work is covered by the Horticulture Award, which sets minimum rates:

• Hourly minimum rates (above the national minimum in some classifications)
• Piece rate guidelines (paid per bin, per kilogram, per unit)
• Required top-up rules: piece rate workers must earn at least the hourly minimum
• Penalty rates for overtime, weekend, and public holiday work

Your employer must pay whichever is higher between the piece rate and the hourly minimum for any hour worked.

How do piece rates and minimum pay interact?

Many farms pay by piece rate (per bin, per kilogram), which is legal under the Horticulture Award. However:

• Your hourly earnings must equal at least the casual minimum hourly rate
• For 2025-26, the casual minimum is around $31.19/hour including casual loading
• If piece rate earnings fall below this for any hour, the employer must top up your pay
• The top-up is a legal requirement, not optional

If you suspect your piece rate earnings consistently fall short of the hourly minimum, get in touch with our team. We help working holiday makers recover top-up amounts they were owed.

What about deductions from your pay?

Some farms deduct costs for accommodation, transport, or meals. This is only legal if:

• You agreed to it in writing in advance
• The amounts are reasonable and reflect actual costs
• Deductions never bring your pay below the minimum wage

Deductions that breach these conditions are illegal. We see this regularly in farm work and have helped recover overcharged amounts. Send us your records if you think you have been overcharged.

What should you do if you suspect underpayment?

Steps if you are being paid incorrectly:

1. Keep detailed records (hours, dates, piece counts, pay received)
2. Compare against the Horticulture Award rates
3. Raise the issue with your employer with calm, factual evidence
4. If unresolved, get in touch with our team to escalate

Reports can be made without affecting your visa. The Workplace Justice Visa provision protects temporary visa holders pursuing complaints.

What about super on farm work?

If you are an employee (not contractor) on a farm:

• Employer must pay 12% super on top of your wages
• Applies to all employees regardless of hours
• Super is paid quarterly into your nominated fund
• Can be claimed back through DASP when you leave Australia

Many farm employers skip super for working holiday makers. Our team can recover unpaid super through the formal Superannuation Guarantee Charge process. See our article on farm work and ABNs if you are unsure whether you are an employee or contractor.