One of Australia’s largest celery producers has been fined $166,860 for underpaying vulnerable migrant employees more than $91,000.
The Federal Circuit and Family Court imposed the penalties against A & G Lamattina & Sons Pty Ltd (Lamattina), whose farm is at Boneo on Victoria’s Mornington Peninsula.
Lamattina breached the Fair Work Act after it underpaid employees and failed to pay them in full at least monthly between February 2020 and February 2021. It failed to pay minimum wages, casual loading, overtime and public holiday rates owed under the Horticulture Awards 2010 and 2020.
The Court found the conduct was deliberate.
The Fair Work Ombudsman investigated the company after receiving requests for assistance from three farmhands, each visa holders, who hadn’t been paid any wages during extended periods of their employment.
Despite raising concerns about their pay with their employer, one of the farmhands was only paid for 10 of the 52 weeks of work; another only six out of 36 weeks worked; and the third only eight out of 41 weeks worked.
The three employees were underpaid $91,907 between them in the course of a year: one of them more than $37,000 and the other two more than $27,000 each.
The farmhands are from non-English speaking backgrounds and held bridging visas when employed by Lamattina. They performed tasks such as planting, picking and cutting celery on a casual basis.
Breaches condemned
FWO Anna Booth condemns the breaches.
“The conduct by the employer in this case was appalling, and I believe supermarket shoppers would be dismayed to know their Lamattina celery was grown by workers deprived of such large sums of their hard-earned wages,” she says.
“We don’t tolerate the exploitation of migrant workers, who have the same rights in Australia as any other workers. Protecting their workplace rights is an ongoing priority for the FWO.
“Boosting compliance in the horticulture and agriculture sectors is also a priority.”
‘Egregious’ conduct
In his judgement, Judge Karl Blake characterised Lamattina’s conduct as “egregious”.
“It is difficult to think of a contravention of an award that is more serious than a complete failure to pay employees their wages. That is what occurred in this case,” he said.
“The [company]’s conduct was clearly deliberate and intentional.”
In imposing the penalties, Mr Blake considered the employees’ losses to be significant and stated they were vulnerable employees “…exploited or taken advantage of by their employer”.