The Fair Work Ombudsman has secured $159,793 in court-ordered penalties against a farm business in Werribee South, Victoria, for underpaying two employees more than $28,000, falsifying records to hide the underpayments, and making unlawful deductions...

The FWO investigated the company 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.

Lotus Farm admitted it failed to meet the employees’ minimum rates of pay, casual loading, overtime and public holiday penalty rates...

Lotus Farm also provided false or misleading pay slips to the FWO; gave no payslips to the workers; made unlawful deductions from one worker’s pay, and failed to make and keep records as required. Mr Thai was involved in these contraventions too.

Acting Fair Work Ombudsman Michael Campbell welcomed the penalties and said the employer’s conduct was serious.

“The exploitation of vulnerable, non-English speaking migrant workers is not something we tolerate,” he said. “These substantial penalties against Lotus Farm and its general manager send a clear message that those who attempt to cover up significant underpayments, including with false payslips, will be found out and face costly consequences.”

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The underpayments have been rectified in full and Deputy Chief Judge Mercuri noted that Lotus Farm and Mr Thai had introduced changes to minimise the risk of non-compliance occurring again.

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