In March 2017, the Fair Work Ombudsman released a new mobile app aimed at protecting backpackers in their search for a second year visa via the harvest seasons of Australia. The app is suppose to tackle the problem of employers underpaying backpackers in fruit picking jobs and farm work roles. “The app would be a valuable back-up for workers when employers failed to meet their record-keeping obligations” said Natalie James, Fair Work Ombudsman. We asked backpacker and our friend Jub Bryant to take a closer look at the new app and give his thoughts…
Record My Hours
My first ever day of working on a farm in Australia involved me manually digging potatoes in Bundaberg. Along with two fellow backpackers, we were on piece rates and each looked forward to our $86.50 each from our half day or so of work (note: below minimum wage). I was only called in that day as someone called in sick. I never worked on that particular potato farm again, nor did I ever see that money. Unfortunately this is not a one-off.
If you have a search around Google, it doesn’t take long to find similar stories about backpackers being underpaid or not being paid at all around Australia. This is not cool, and for all sorts of reasons, a resolution has not yet been found to better protect backpackers.
For that reason, the Fair Work Ombudsman has created Record My Hours app. The aim is to help backpackers on a Working Holiday better record their working hours and thus provide evidence of work and also support application for a second year visa.
Between July 1 and December 31, 2016, the Fair Work Ombudsman issued 347 Infringement Notices (on the spot fines) ranging from $540 to $2700 to employers for contraventions of record-keeping and pay slip laws.
Downloading The App
The Record My Hours app is available for Android and iPhone and can be downloaded from the Google Play and iTunes store .
The app is currently only available for download from the Australian store on iTunes.
Features
When you open the app, these screens are shown.
Geo Fencing
When you choose to add a job, you can select the address of the workplace. When you physically enter that address based on your GPS location, the app automatically starts recording your hours.
Privacy
The app does not store any data on an internal cloud, therefore you don’t risk someone else seeing the data such an employer. You can upload your data at anytime to elsewhere such as iCloud and DropBox if you get a new phone.
Languages
The app is available in 18 languages which is detected based on your phone settings.
WiFi
The wifi signal on your phone needs to be on. This allows the app to track when you come and go from a workplace based on your GPS location.
Multiple Jobs
Multiple jobs can be tracked. You just need to click on ‘add job’ for those who are hustling away at a few jobs.
Benefits Of Using The Record My Hours App
Ease Of Use
This app has not been created for fun and games. The design is professional has been well thought out. The user interface is clear. While there is no instructions/ FAQ on how to use the app, you will find it intuitive and quick to use.
Photos Stored In App
Collecting paper documents as a backpacker doesn’t always end well. Let’s be honest, we aren’t generally the most organised people and paper gets mixed up/ thrown out all the time. The app allows you to take a quick snap of any important documents allowing you to keep them collated safe in one place.
You Always Have Your Phone With You
Let’s be honest, we always have our phone with us (just don’t forget to charge it overnight!)
Supported By A Government Agency
The Fair Work Ombudsman (FWO) is the official government organisation tasked with looking after you should any employment issues come up during your stay in Australia. As the app is built and supported by FWO, it gives the app authority. Use the app consistently and it will give credibility to your record keeping.
Better Employer Relations
Talking openly with your employer about pay or working hours isn’t easy. However, using the app to keep a record of your hours can help your relationship with your boss and avoid any awkward disagreements. Mentioning before you start work that you are using the FWO app gives you more authority. The Fair Work Ombudsman is something most employers will not to take lightly.
Roster Notifications
The calendar function is great for those who work rostered hours. In addition to taking a photo of your schedule, you can also add the times you’re due at work and be sent a notification before the shift starts. No excuse to forget a shift again!
Downsides Of Using The Record My Hours App
The app does not prevent all employer disagreements and conflicts. However, the app does help provide evidence to support your case in the event of a conflict. You can export the data and send to the relevant authority (FWO) as evidence. They can use the app data to cross match with other evidence gathered.
Employers Response
I’m unsure how employers will respond to backpackers using the app. If they have their own timekeeping methods, they may be unwilling to cooperate with backpackers using the app. I hope not.
You Need To Have Your WiFi On
This does not mean you need to have an Internet connection. You need to have WiFi enabled in order for the GPS monitoring to function. This records when you are at your place of work.
This can put a demand on your battery life. You may need to plugin your phone in on your lunch break, which can be frustrating. If there is no 3G/4G connection, then GPS may be intermittent. In which case, take extra care to check and note your start and finish times.
You Need To Check The App Daily
The app is great in that once you enter a place to work it starts recording your time, but that data isn’t perfect. If you turn up 20 mins early to a job, you might think you’ve been underpaid as the app will record your time as soon as you step into the workplace. It won’t take long but 30 seconds at the end of each shift ensuring the data is correct will save future headaches. So you need to be disciplined and check your data accurately.
Conclusions
I enjoyed using the app and can absolutely see the benefit. It’s aim is to protect backpackers by providing the record of employment. This empowers backpackers in their relationship with their employer. The app’s development team have been updating the app since its launch in March 2017. Hopefully they can continue to improve the app. I would like to see it become compulsory for employers and employees to use, especially to support the process for Second Year Visa approval as part of the 88 day scheme.
Author: Jub Bryant
The App in the Media
“The National Farmers Federation has called for a phone app that helps workers track the hours they spend on farm, using GPS technology, to be immediately withdrawn.” 20 March 2017 ABC News
The ABC article suggests farm groups were disappointed by the lack of consultation between potential farm work employers and the FWO during the development of the app.
National Farmers’ Federation chief executive Tony Mahar said he was concerned the app was “pitting workers again their bosses.”
“One of the FWO’s primary functions is to promote harmonious and cooperative workplace relations. Encouraging employees to spy on their bosses and email confidential information, electronic records and photos to the union or the Ombudsman is hardly consistent with this function.”
Response from Fair Work Ombudsman
The following response is form a Fair Work Ombudsman spokesperson on 13th September 2017.
Take up of the app
Record My Hours is available for both Apple and Android operating systems. Since its launch in March 2017, it has been downloaded 15,421 times – 9044 Apple downloads and 6379 Android downloads (as of 13/09/2017).
How helpful has the app data been in supporting cases of dispute?
Record My Hours is aimed at tackling the persistent problem of underpayment of young and migrant workers around the country. The FWO sees many examples of records that are missing information, in many instances this is due to simple oversight but in some cases these are deliberately misleading.
For example, in the six months to December 2016, almost two-thirds (64 per cent) of the cases the FWO filed in court included alleged record-keeping or pay slip contraventions.
If records are incomplete, misleading or non-existent, it can be difficult to determine an employee’s work hours and therefore determine whether they have received their lawful entitlements. Our inspectors go to great lengths in attempts to reconstruct an employee’s work schedule. We have translated personal diaries into English, camped outside workplaces to observe worker schedules and used data from toll roads to help establish when someone has been at work. However, regrettably we continue to see a number of cases where the employer’s lack of records mean there is insufficient evidence to prove to a court that an employee was working and therefore entitled to be paid.
This is where Record My Hours makes a difference. The core technology feature of the Record My Hours app, ‘geofencing’, leverages smartphone technology– like the Maps and GPS functionality – to automatically record when an employee arrives at their workplace and when they leave.
It allows employees to easily maintain their own diary of work hours that can be used as a resource should any concerns regarding their pay arise or, if needed, serve as a backup record if their employer has not met their obligations and maintained accurate or complete employment records.
We understand that many small businesses simply do not have the resources to implement complicated automated systems that record when an employee starts and finishes their shift. We also understand that in many industries, such as hospitality, shifts can be irregular and employees finish up when the customer flow begins to reduce, rather than at a set time.
In these instances it’s common for start and finish times to be recorded in hastily scribbled hand-written notes.
In these scenarios, the hours logged by employees who use the Record My Hours App could compliment the records kept on location at the business. Employers who receive the data from their workers’ app can deal with any discrepancies early, preventing disputes from escalating.
Given Record My Hours has only recently been launched we’re yet to take any enforcement action where we’ve relied upon app data. However, we are aware of instances where employers have encouraged their employees to download and use Record My Hours as to deal with any discrepancies early, and resolve issues before they arise.
Feedback from users
Feedback from users of the app has been overwhelmingly positive. We’ve had an employee call our Infoline to let us know that they’re using the app to record their hours, and that their employer is supportive of them doing so. Payroll service providers have told us that the app is very useful, especially for small business owners, and young workers have told FWO staff that it’s the right time for an app like this and they would recommend it to their friends.
And of course, the embrace of the app by the public so far – including more than 15,000 downloads in the five months since the app was launched – indicates to us that the app is filling a need in the community.
Enhancements since launch
We’ve already made a number of enhancements to the app since its launch in March 2017 in response to user feedback:
- We’ve launched in five additional languages (for a total of 17 languages other than English) and made it available in app store regions beyond Australia – this enhancement resulted from feedback and advice from the migrant worker community that migrant workers in Australia often have their phones set to regions outside of Australia.
- We’ve rolled out a new functionality that sends users a notification when the app detects that they have not been at work for a period of time.
- We’ve launched a complementary instructional video on our YouTube channel and Apple App store listing that shows users how to set-up and use the app.
We appreciate feedback from app users and will continue to enhance and refine the app’s features to reflect the needs of the community. Feedback can be provided via the feedback channels within the app or by emailing [email protected].
If any worker has concerns about their pay and working conditions they can seek free advice and assistance by visiting the Fair Work Ombudsman’s website at www.fairwork.gov.au or calling the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50 and information on the website is translated into 30 different languages.
Reports about workplace issues can also be lodged anonymously in 16 languages other than English using the Fair Work Ombudsman’s Anonymous Report function at www.fairwork.gov.au/inlanguageanonymousreport.
