QLD Employer paying minimum award rate

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Sharon Codray

Active Member
25 June 2018
9
1
34
Hi, verbal agreement to work on a sugar farm.
Farmer asked my partner to help him.
Farmers wife also asked partner to help her husband.
Partner helped for five years on & off ( no exchange of wages at all ).

Then the verbal agreement was struck.

We rented a house off them on the farm.

He was told to a record of all hours worked- (he did).
They just kept on saying , we will pay you.
2 Years later, farm sold ( March) and wife asked for the hours in April.
There are over 2000 hours accumulated.

Agreement also included to stop paying rent & electricity ( $100 rent per week ) as partner worked more than the rent was worth weekly.

Farmer is now unwell , daughters have power of attorney along with his wife.
Wife is not answering our calls at all now.
Only commutation is, 1 daughter through emails.

Award rate we obtained from Fair Work is totaling well into $70,000 for over the 2K, worked hours.

Last communication from daughter specified we owed them $30,000 as they have decided to increase the rent according to todays rental market ( we aren't even in the house- moved out before sale of the farm )and electricity of $3k.
Wanting back payment of rent & electricity because I - (not my partner he never agreed or said anything - only I ) I said we will pay 2 years rent when wages are paid. Seemed the right thing to do.
They will be deducting both amounts from wages before they pay wages of $49,000- gross.

Questions:
1. Are they within their rights to pay only the minimum wage rate when there is an award rate?
2. Can they increase rent to an amount we have never heard of before reading it in the email from them?
3. Any advice what to do from here?
4. Wondering if we are within legal rights to request wages to be paid at the award rate?

* Partner worked a full time ( shift work ) job elsewhere.
He worked on the farm between shifts & days off .
( Incase wondering how survived for 2 years without wages :) ).

Any advice would be helpful & gratefully received .
Thank You.
 
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