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FWOFair Work Ombudsman · 22 January 2025

Fair Work Ombudsman

Citation: FWO-2025-01-23-rj-cornish-eu-media-release

At a glance

Respondent
A & G Lamattina & Sons Pty Ltd
Penalty
$127,000
Employees affected
112
Awards cited
MA000000

What happened

R J Cornish & Co. Pty Ltd, a fruit grower in Cobram and Muckatah, Victoria, made unlawful wage deductions totaling $126,859 from the wages of 112 employees between July 2017 and June 2024. The deductions were for power ladder hire, fuel, and sprinkler damage. Inspectors found the company failed to pay employees in full. 39 of the affected employees held working holiday visas. Almost all back-payments of $123,249 have been made to 108 employees.

What was decided

R J Cornish & Co. Pty Ltd has signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. The company must back-pay the remaining $3,610 to four employees and make a $5,500 contrition payment. They must also engage an independent auditor to check pay and entitlements. The Fair Work Ombudsman welcomed the company’s cooperation and commitment to rectify the deductions. The company must also ensure HR, payroll, and rostering staff complete training on workers’ entitlements.

What it means for employers

Employers, particularly in the agriculture sector, must ensure wage deductions are lawful and principally for the benefit of employees. They should utilise the Fair Work Ombudsman’s resources, such as the Horticulture Showcase and Pay Calculator, to ensure compliance. Failure to do so can result in significant penalties and Enforceable Undertakings.

What it means for employees

Employees should be aware of their wage entitlements and report any unlawful deductions. The Fair Work Ombudsman encourages employees to seek information and assistance if they believe they have been underpaid.

underpaymentcasual-conversionpenalty-ratesgeneral-protectionsmisclassificationmodern-award-variationwage-theft

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/january-2025/20250123-rj-cornish-eu-media-release

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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 →

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