Australia's largest celery producer, located on the Mornington Peninsula, has been penalized by the Federal Court for not compensating migrant workers appropriately. The court uncovered that from February 2020 to February 2021, the farm did not adhere to the minimum wage requirements, including casual loading, overtime, and public holiday pay. Specifically, one employee received payment for only 10 weeks out of an entire year of work. The court's findings revealed that A & G Lamattina & Sons failed to pay 30 weeks' salary to another worker, and a third was compensated for merely eight out of 41 weeks of work.
"This is ... at the extreme end of what we see," stated Fair Work Ombudsman Anna Booth, highlighting the severity of the underpayments which amounted to more than $90,000 withheld from three staff members, all of whom were temporary visa holders. The vulnerability of migrant workers was underscored, with fears of job loss, visa revocation, and negative repercussions for their families. Judge Karl Blake labeled Lamattina's actions as "egregious," emphasizing the deliberate nature of the wage underpayments. The company faced a fine nearing $167,000 and rectified the underpayments fully by February 2023.
With ongoing efforts to address workers' rights and compliance, the Fair Work Ombudsman continues to prioritize the agricultural sector. Starting January 1, intentional underpayment of wages will transition from a civil to a criminal offence, introducing stricter penalties. "Employers need to be very mindful of any intention that they form to deliberately thwart the law and underpay workers — it's going to be treated quite differently," Booth remarked, indicating a significant shift in legal repercussions for such contraventions.
Source: ABC News