Fair Work Ombudsman
Citation: FWO-2025-12-17-bulmer-farms-litigation-media-release
At a glance
- Respondent
- Bulmer Farms Pty Ltd
- Penalty
- $645,000
- Employees affected
- 28
What happened
The Fair Work Ombudsman has commenced legal action against Bulmer Farms Pty Ltd, a vegetable farm in Lindenow, Victoria. The farm allegedly underpaid 28 migrant workers from Kiribati, Timor Leste, and the Solomon Islands a total of $645,567 between December 2019 and December 2023. The alleged underpayments stemmed from paying workers set weekly amounts based on annualised salaries, which did not cover their entitlements under the Horticulture Award. Workers held roles including farm workers, forklift and tractor operators, and were engaged under the Pacific Australia Labour Mobility (PALM) scheme. Bulmer Farms conducted an internal review and made payments of $42,189 to the workers.
What was decided
The Fair Work Ombudsman is seeking penalties against Bulmer Farms Pty Ltd for multiple alleged breaches of the Fair Work Act. The company faces penalties of up to $93,900 per breach. The FWO is also seeking court orders requiring the company to rectify the alleged underpayments in full, plus interest and superannuation. A directions hearing is scheduled for January 21, 2026, in the Federal Circuit and Family Court in Melbourne. The Ombudsman stated that litigation was appropriate due to the scale of the alleged underpayments.
What it means for employers
Employers must pay employees for all hours worked. Annualised salary arrangements must accurately account for all entitlements, including overtime and public holidays. Failure to do so can result in significant penalties and back-payment obligations. Employers engaging migrant workers must be aware of their obligations and ensure compliance with workplace laws.
What it means for employees
Migrant workers have the same rights and protections as other Australian employees. Employees can report breaches without fear of visa repercussions. Information and protections are available for visa holders and migrant workers through the Fair Work Ombudsman’s website.
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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