Fair Work Ombudsman
Citation: FWO-2023-09-28-brownport-eu-media-release
At a glance
- Respondent
- Brownport Almonds Pty Ltd, trading as Bright Light
- Penalty
- $500,000
- Employees affected
- 197
- Awards cited
- MA000037
What happened
Brownport Almonds Pty Ltd, trading as Bright Light, a large almond grower and processor in Hattah, Victoria, has back-paid over $500,000 to 197 current and former employees. The Fair Work Ombudsman investigated after receiving worker requests for assistance. The investigation revealed the company misclassified workers under the Horticulture Award, leading to underpayments between 2016 and 2021. A payroll audit found employees were paid flat rates, even when performing duties of a higher classification. Most affected employees were in full-time or casual harvesting and production roles.
What was decided
Brownport Almonds has signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman and must back-pay all staff by January 2024. The company must also pay interest on the underpayments at 6.1 per cent per annum and a $50,000 contrition payment to the Commonwealth. The EU requires two annual independent audits to ensure future compliance with workplace laws. The Fair Work Ombudsman considers the EU appropriate due to the company's cooperation and commitment to rectifying the underpayments. The company also failed to keep proper records of overtime hours.
What it means for employers
Employers, particularly in the agriculture sector, must ensure accurate job classifications and pay rates are applied according to relevant awards. Regular audits and compliance checks are essential to avoid underpayments and potential penalties. Failing to meet legal obligations can result in significant back-payment bills and reputational damage.
What it means for employees
Employees should be aware of their entitlements under relevant awards and seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or misclassified. Keep records of hours worked and pay received to assist with any potential claims.
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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