Fair Work Ombudsman
Citation: FWO-2024-09-17-lamattina-penalty-media-release
At a glance
- Respondent
- A & G Lamattina & Sons Pty Ltd
- Penalty
- $167,000
- Employees affected
- 3
- Awards cited
- MA000173
What happened
A & G Lamattina & Sons Pty Ltd, a celery producer based in Boneo, Victoria, has been penalized by the Federal Circuit and Family Court for underpaying three migrant employees. The employees, who held bridging visas and spoke Indonesian and Malay, were employed on a casual basis between February 2020 and February 2021. They were not paid minimum wages, casual loading, overtime, or public holiday rates as required by the Horticulture Awards 2010 and 2020. One employee was underpaid for 10 out of 52 weeks, another for 6 out of 36 weeks, and the third for 8 out of 41 weeks, totaling $91,907 in underpayments. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed penalties of $166,860 against A & G Lamattina & Sons Pty Ltd for breaching the Fair Work Act. The Court found the company’s conduct was deliberate. Judge Karl Blake described the conduct as “egregious” and noted the employees were vulnerable and exploited. The company rectified the underpayments in February 2023. The penalties were influenced by the significant underpayments, the length of time the breaches occurred, the lack of remorse from the company, and the lack of preventative measures or cooperation with the regulator.
What it means for employers
Employers, particularly in the horticulture and agriculture sectors, must ensure compliance with workplace laws and award obligations. This includes paying correct wages, casual loading, overtime, and public holiday rates. A lack of cooperation with the Fair Work Ombudsman and failure to prevent breaches can lead to significant penalties. Employers should also be mindful of the vulnerability of migrant workers and ensure they are treated fairly and receive their full entitlements.
What it means for employees
Migrant workers have the same workplace rights as all other Australian workers. Employees who believe they have been underpaid or exploited should contact the Fair Work Ombudsman for free advice and assistance. Information and reporting tools are available in multiple languages, including online anonymous reporting options.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/september-2024/20240917-lamattina-penalty-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 →