Sideshow workers underpaid at 2011 Ekka

With the opening of the 2012 Ekka just a week away, the Fair Work Ombudsman has released findings that showed stallholders and ride operators at the 2011 event were underpaying their employees.

As a result of complaints received from workers in Queensland between 2008 and 2010, Fair Work inspectors visited Ekka over two days last August to assess the level of compliance by stallholders.

They checked base rates of pay, overtime, penalty rates, allowances and compliance with time and wage record-keeping obligations finding a high contravention rate in relation to the base rate of pay and other entitlements of musicians, entertainers, performers and creative artists.

Of 57 audits completed at the 2011 Ekka, 49 (86%) were found to be compliant, while eight (14%) recorded a number of contraventions.

Six stallholders were found to be underpaying their workers and were asked to reimburse 95 employees a total of $11,094, an average of $116 each.

Stallholders had underpaid base wages and casual loadings after incorrectly misclassifying employees as part-time instead of casual. Two investigations remain ongoing.

In one case, a worker was paid the minimum part-time rate of $15.51 per hour over the 10-day show when they were entitled to the casual rate of $18.92 per hour.

The Ombudsman's office found many stallholders and ride operators had only verbal working agreements with their employees. However, in the absence of a specific written agreement, the Travelling Show Award 2010 stipulates that a worker is deemed to be a casual employee.

The Ombudsman also conducted a campaign conducted at the Royal Adelaide Show in 2010 which revealed that 53% of 188 stall holders were non-compliant.

The Royal National Agricultural and Industrial Association of Queensland (RNA) will be holding the 2012 Ekka at the Brisbane Exhibition Ground from 9th to 18th August.

Employers or employees seeking information and advice can call the Fair Work Infoline on 131 394 or visit www.fairwork.gov.au

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