QLD WHV sign off being falsely advertised, no payslips provided all through agencies who don’t help.

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Sk93

Member
4 January 2021
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Hello,

I am on my first year working holiday visa and needed to complete rural work in order to gain my 88 days for my second year visa.
The agency I took Au Pair jobs through advertised roles which signed off the 88 day visa by working on farms, they matched me with a family in Albury and I got the job during the peak of covid and relocated as I needed to get my sign off for my visa and believed all was above board as I went through a agency which is well known. When I arrived with the family, all was well but when I queried about the visa process they had no idea what their duties as employers were, as a result they advised me they would pay me $150 rather then the agreed $250 a week and sign my visa off. This didn’t bode well with me so after a lot of deliberating I chose to leave the family, who hadn’t provided me with payslips throughout my time with them and had to stay within the border bubble to then get back into QLD, all at my own expense.

I spoke to the agency who got me the job, who were of no help, they advised they only advertise the families and have no part to play in the visa’s which are being offered through themselves, as a result I left the agency.

I was no where close to my 88 day sign off and joined another agency, explaining my previous experience the new agency found me a family who as they quoted ‘will ensure they sign me off correctly’ and reassured I would not face any problems and would be given payslips.

I moved to the town where the new family lived, on their property which is on a farm but as I worked, they paid me cash and never provided me with payslips, I questioned this a lot with the family and with the agency lady, the agency lady reassured the family will stand by their promise and give me payslips which prove I have contributed to my 88 day farm work commitment. The family advised me that I do not need payslips and that they’ll sign me off and I only need to worry if I was investigated - a illegal risk I was not willing to take.

The family also had me working overtime and refused to my pay my overtime as they claimed the hours were not accurate (I documented my hours as I have done in all my roles) they didn’t pay me for my contracted hours either as I left them because of the unfair treatment.
The second agency advised they wished there was more they could do to help but their hand were tied, I’ve contacted the family for payslips and they’ve ignored my requests so I am following this up with the ombudsman.
The initial family have since provided me with a payslip, 3 months after I left and after me sending a template from the ombudsman to seek payslips.

This completely affects my second year visa application, I have minimal evidence to support the farm work I have contributed, I am out of pocket due to having to relocate, there is no accountability from the families who have written their false adverts to get people to work for them, nor is there accountability from the agencies who advertise these roles with no proper checks that the families are able to provide what they’ve said in their adverts.

I have email trails of the roles, the confirmation of employment, records of the hours I’ve worked and yet nothing substantial to support my visa application which expires tonight. I have tried my hardest but I am at a lost end, I am in desperate need of legal advise, please can someone help / point me in the right direction?