A Werribee South farm business will face court in August, accused of underpaying two employees more than $28,000 and falsifying records to hide the underpayments.
The Fair Work Ombudsman began investigating Lotus Farms, which primarily produces tomatoes and cucumbers, after receiving requests for assistance from two former employees both from non-English speaking backgrounds, who alleged unlawfully low flat hourly rates of pay while working at the farm as pickers and packers.
The Fair Work Ombudsman alleges that Lotus Farm underpaid the two adult Vietnamese-speaking workers a total of $28,530.82 for work performed between June, 2017 and September, 2020.
It is alleged this occurred due to the two casual employees being each paid unlawful flat hourly rates of pay of between $13-$14, well under the minimum hourly casual rates then owed under the Horticulture Award 2010.
One of the company’s directors, Son Thai, will also face court.
The ombudsman said Mr Thai, on behalf of Lotus Farm, allegedly produced 21 pay slips for one employee which stated they worked 15 hours per week and were paid the lawful amount for those hours.
It is alleged the worker was in fact generally paid the lower $13-$14 hourly rates and generally worked more hours than the allegedly falsified payslips.
The ombudsman alleges that Lotus Farm underpaid both employees’ minimum wages and casual loading and underpaid one employee’s overtime and public holiday penalty entitlements. It also alleges unlawful deductions from one employee’s wages.
It is alleged the company knowingly or recklessly provided false or misleading records to a Fair Work inspector, failed to make and keep required records, and failed to provide pay slips to the employees. Mr Thai is alleged to be involved in the contraventions.
Fair Work Ombudsman Sandra Parker said the litigation sent a warning to any employer in the agriculture sector who was breaching workplace laws.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. They can do this in their own language,” she said.
The ombudsman will allege the reverse onus provisions of the Fair Work Act apply and the company should have to disprove the underpayment allegations given the alleged failure to make and keep records.
The Fair Work Ombudsman is seeking penalties against Lotus Farm and Mr Thai for alleged contraventions of the Fair Work Act. The company faces penalties of up to $66,600 per contravention while Mr Thai faces penalties of up to $13,320 per contravention.
A directions hearing is listed in the Federal Circuit and Family Court on August 7.
