The Fair Work Ombudsman (FWO) has secured $166,860 in court-ordered penalties against a large celery producer for underpaying migrant employees more than $91,000.
In a statement, the FWO said the Federal Circuit and Family Court had imposed the penalties against A & G Lamattina & Sons Pty Ltd (Lamattina) from Boneo on Victoria’s Mornington Peninsula.
“Lamattina breached the Fair Work Act after it underpaid employees and failed to pay them in full and at least monthly between February 2020 and February 2021,” the statement said.
“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 FWO office said it investigated the company after receiving requests for assistance from three farmhands who had not been paid any wages during extended periods of their employment.
Fair Work Ombudsman Anna Booth condemned 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,” Ms Booth said.
“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 Fair Work Ombudsman.”
Lamattina rectified the underpayments in full in February 2023 – at least two years after the relevant work period.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
