Hefty fines for underpaying farm workers

Sending a clear message to employers: Fair Work Ombudsman Natalie James.

By Jeremy Sollars

THE operators of a Queensland farm with a history of flouting workplace laws have been penalised almost $70,000 and ordered to overhaul their workplace practices following legal action by the Fair Work Ombudsman.
The Federal Circuit Court has imposed the penalties against the operators of a strawberry farm on Newlands Road at Cottonvale north of Stanthorpe.
Farm owner Hour Him and his partner Tay-Duc Nguyen, the farm’s former operations manager, have each been penalised $6400 – and Him’s company, I Luv Pty Ltd, has been penalised a further $56,000.
The Fair Work Ombudsman discovered that six overseas workers had been underpaid a total of $2601 when the farm was audited last year as part of the agency’s national Harvest Trail Inquiry.
The six employees, who were on 417 working holiday visas, were underpaid over a two-week period between 28 March and 10 April 2015.
It was not the first time that workers on the property had been underpaid.
In 2013, the Fair Work Ombudsman required I Luv Pty Ltd to back-pay nine employees more than $21,000.
The company also received two contravention letters and a formal Letter of Caution placing it on notice that further breaches could result in enforcement action.
Fair Work Ombudsman Natalie James says the court’s decision sends yet another clear message to rural employers that exploitation of overseas workers on their properties will not be tolerated.
As well as imposing the financial penalties, Judge Salvatore Vasta also agreed to make additional orders aimed at overhauling workplace practices on the farm. These were agreed to by the operators.
Judge Vasta ordered I Luv Pty Ltd to commission an external audit of its compliance with workplace laws next year and provide the Fair Work Ombudsman with a report on the findings, including steps taken to rectify any non-compliance.
Him and Nguyen have been instructed to undertake training in relation to their workplace obligations under Australian laws.
I Luv Pty Ltd must register with the My Account service at www.fairwork.gov.au and use the educational self-help tools for employers.
Ms James said it was unacceptable that Him, who was previously a member of Growcom Australia and the Queensland Strawberry Growers’ Association, continued to disregard his workplace responsibilities after having previously been put on notice of his lawful obligations in 2013.
She said the Fair Work Ombudsman was devoting considerable resources to ensuring the many farms around the country that relied heavily on labour from overseas workers were complying with the laws,
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
An interpreter service is available on 13 14 50.
Information on the website to assist people from culturally and linguistically diverse backgrounds has been translated into 27 languages.
Ms James said the Agency recently launched an Anonymous Report function which enabled members of the community to alert the Fair Work Ombudsman to potential workplace issues.
Intelligence can be provided confidentially at www.fairwork.gov.au/tipoff.