Fair Work Ombudsman
Citation: FWO-2023-08-30-lamattina-litigation-media-release
At a glance
- Respondent
- A & G Lamattina & Sons Pty Ltd
- Penalty
- $91,000
- Employees affected
- 3
What happened
The Fair Work Ombudsman has commenced legal action against A & G Lamattina & Sons Pty Ltd, a celery producer based in Boneo, Victoria. Three farmhands who held bridging visas and spoke Indonesian and Malay, alleged they were underpaid a total of $91,907 between February 2020 and February 2021. One worker was allegedly paid for 10 out of 52 weeks, another for six out of 36 weeks, and the third for eight out of 41 weeks. The workers performed casual tasks such as planting, picking, and cutting celery.
What was decided
The Fair Work Ombudsman alleges A & G Lamattina & Sons Pty Ltd breached the Fair Work Act by failing to pay minimum wages, casual loading, overtime, and public holiday rates. The company rectified the alleged underpayments in February 2023. The Fair Work Ombudsman is seeking penalties against the company, potentially up to $66,600 per contravention. A directions hearing is scheduled for October 2, 2023. "Employers who allegedly fail to pay for all time worked are being found out and risk facing penalties."
What it means for employers
Employers, particularly in the agriculture sector, must ensure they are paying all employees, including visa holders, correctly. This includes paying minimum wages, casual loading, overtime, and public holiday rates. Employers should review their payroll practices and seek advice if unsure about their obligations. The FWO has resources available to assist employers.
What it means for employees
Visa holders have the same workplace rights as all other workers in Australia. Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Assurance Protocol protects visa holders who seek help from the FWO.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230830-lamattina-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →