Fair Work Ombudsman
Citation: FWO-2023-06-27-lotus-farm-litigation-media-release
At a glance
- Respondent
- Lotus Farm Pty Ltd
- Penalty
- $28,000
- Employees affected
- 2
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Lotus Farm Pty Ltd, a tomato and cucumber farm in Werribee South, Victoria, and its director, the Respondent. Two former employees, both Vietnamese-speaking workers, alleged they were underpaid a total of $28,530.82 between June 2017 and September 2020. They claim they were paid unlawfully low flat hourly rates, below the minimum casual rates outlined in the Horticulture Award 2010. It is further alleged that the company falsified pay records and made unlawful deductions from one employee’s wages.
What was decided
The Fair Work Ombudsman alleges Lotus Farm and the Respondent breached workplace laws by underpaying employees, falsifying records, and failing to provide pay slips. The FWO will seek penalties against the company and the Respondent under the Fair Work Act. The company faces penalties of up to $66,600 per contravention, and the Respondent faces penalties of up to $13,320 per contravention. A directions hearing is scheduled for August 7, 2023.
What it means for employers
Agricultural employers, particularly those employing vulnerable workers, must ensure compliance with workplace laws and award obligations. Maintaining accurate payroll records and providing correct pay slips is crucial. Falsifying records to conceal underpayments carries significant financial penalties.
What it means for employees
Employees, especially those from non-English speaking backgrounds, should seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or have concerns about their entitlements. Free advice and assistance are available in multiple languages.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →