The man facing court was the owner and sole director of labour-hire company Enze Group Pty Ltd, which operated in the horticulture industry in NSW and Victoria before going into liquidation last year.
The Fair Work Ombudsman alleges the man was involved in underpaying two Japanese nationals on working holiday visas a total of $6985 over a seven-week period from October to December, 2023 on the mid-north coast region of NSW.
The workers included a man aged 24 and woman aged 25, at the time.
At the time of the alleged underpayments, the company had supplied the workers to a farm in Halfway Creek, just north of Coffs Harbour, where they picked blueberries, raspberries and blackberries.
It is alleged the man was involved in paying the workers on a piecework basis according to how much they picked and failed to comply with the requirement to pay them no less than the guaranteed daily minimum wage entitlement for a casual pieceworker under the Horticulture Award 2020.
It is alleged the workers each performed 181.56 hours of fruit picking work and the defendant was involved in paying them amounts that were insufficient to meet the minimum hourly rate for casual fruit pickers which was $28.26 per hour at the time. The two workers were in fact paid total amounts over the relevant period that averaged only $14.19 and $15.26 per hour, respectively.
It is alleged that the defendant was also involved in making unlawful deductions from the workers’ wages for transport and accommodation and breaching record-keeping and pay slip laws, including by issuing the workers with a second set of false pay slips after one of the workers sought more detailed pay slips for the purpose of extending the pair’s working holiday visas.
Fair Work Ombudsman Anna Booth said business operators had a lawful obligation to ensure workers received their full lawful minimum entitlements.
“Allegedly significantly undercutting minimum Award rates and issuing false pay slips is completely unacceptable conduct,” Ms Booth said.
“Employers paying workers on a piecework basis must ensure they meet the guaranteed daily minimum wage entitlement.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”
The FWO is seeking penalties in court for multiple alleged breaches. A directions hearing is listed in the Federal Circuit and Family Court in Sydney on August 7.
The Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
8°C