“Victorian celery farm underpaid migrants more than $91000, FWO alleges”

The Fair Work Ombudsman has commenced legal action against one of Australia’s largest celery producers, alleging it underpaid three visa holders $91,907 across one year.

Facing court is A & G Lamattina & Sons Pty Ltd (Lamattina), whose farm is at Boneo on Victoria’s Mornington Peninsula. The FWO investigated the company after receiving requests for assistance from three farmhands who alleged they had not been paid during extended periods of their employment.

It is alleged that Lamattina underpaid the farmhands between February 2020 and February 2021. One of the farmhands was allegedly underpaid more than $37,000 while the other two were each underpaid more than $27,000 respectively.

The regulator alleges that, during the relevant period, one worker was only paid for 10 out of 52 weeks worked; another was only paid for six out of 36 weeks; and the other was only paid for eight out of 41 weeks worked…

The farmhands are from non-English speaking backgrounds – they speak Indonesian and Malay – and held bridging visas when employed by Lamattina…

Lamattina rectified the alleged underpayments in full in February 2023 – at least two years after the relevant work period…