EXCLUSIVE: UNSCRUPULOUS farmers are enticing backpackers to work for free in return for visa extensions.

This is despite the Federal Government employment watchdog saying backpackers must be paid for any work they do.

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More than 20 advertisements for volunteer farmhand roles targeting backpackers have appeared on online classified site Gumtree.

And while most offer food and accommodation, others ask backpackers to pay for food or lodgings despite working for free.

All the advertisers offer to sign immigration documents for working holiday makers to help them qualify for a second-year visa extension.

Under the working holiday scheme, backpackers can apply for a second year to their visa if they have done “specified work” for 88 days in a regional area. This work includes tasks essential to primary production, such as harvesting, packing and picking vegetables, pruning and livestock work.

The Fair Work Ombudsman told The Weekly Times these volunteer arrangements appeared unlawful.

“There is a certain possibility that the situation may be viewed, under workplace laws as an employment relationship in which the backpackers contribute to the profit-taking of a particularly enterprise,” a Fair Work Ombudsman spokesman said.

“If this was the case under workplace laws there would be a lawful obligation on the relevant employer to provide the backpackers with their minimum lawful employee entitlements.”

Some farmers are asking backpackers to pay for food and lodging as well as providing free labour.

Others suggest the foreign workers take paid work on weekends to supplement their volunteer role.

A Yarragon beef farm asked the backpackers to work at least three hours a night five days a week and proposed they could go to “Melbourne like other backpackers have to earn some more money” on the weekend.

Another ad said some paid work may eventuate for farm workers “if you’re a hard worker.”

Thousands of backpackers flood to regional areas attempting to qualify for their second year visa.

The number taking up this option has grown 165 per cent a year since 2005.

Immigration figures show working holiday visas increased 10 per cent to 178,982 in the 12 months to December 31 last year, with one in five being granted an extensions.

But, despite the visa extension being introduced to entice workers to rural areas and provide much-needed staff for primary industries, the Immigration Department was unconcerned about this latest situation.

Assistant Immigration Minister Michaelia Cash said the working holiday visa was a “cultural exchange visa and not a work visa per se”.

Senator Cash said as long as the applicants completed three months of specified work in regional Australia while on their first working holiday they would be eligible whether this was paid or not.

This is despite Senator Cash saying backpackers were required to provide evidence of their 88 days of work, such as pay slips, group certificates, payment summaries, tax returns, employer references or equivalent documents.

Senator Cash said working holiday participants were subject to the same workplace laws, entitlements and protections as citizens.

“Employers who hire program participants are obligated to do so in accordance with Australian workplace law,” she said. This also called into question the Willing Workers on Organic Farms movement, where visiting workers stay on registered farms and work voluntarily.

Neither the Immigration Department nor the FWO would comment on whether workers on this program were allowed to work for free.

But several Gumtree ads appeared to be trying to take advantage of this loophole, advertising “WWOOF-style” volunteer roles.

WWOOF Australia managing director Garry Ainsworth said the Immigration Department had approved volunteer work under their program to qualify for the second year program.

And said WWOOF hosts were registered and required to follow their guidelines on the treatment of workers and said they had a complaints policy for any backpackers unhappy with their situation.

Victorian Farmers Federation senior workplace relations adviser Rob Martin said they were not aware of farmers using volunteer backpackers, except for the WWOOF program.

Mr Martin said the VFF did not endorse workers not being paid and farmers should pay award rates and document any deductions such as accommodation and food expenses.

Australian Workers’ Union Victorian pastoral industry co-ordinator Sam Beechey said it was “ exploitation”.