The Fair Work Ombudsman has commenced legal action against a NSW-based company that manufactures and supplies landscaping and gardening materials for allegedly underpaying four workers more than $35,000.
Facing court is Australian Native Landscapes Pty Ltd, which has multiple workplace locations in Sydney and regional NSW.
The regulator investigated after receiving requests for assistance from four workers the company had employed in various labourer and driver positions.
It is alleged the investigation determined the company had underpaid the workers a total of $35,716 for work performed between 2020 and 2023.
It is alleged that:
- A casual labourer/driver was underpaid at the company's Orange location
- A casual excavator/driver was underpaid at the company's Tea Gardens location, near Nelson Bay
- A full-time labourer was underpaid at the company's Terrey Hills location, in northern Sydney, and
- A full-time driver was underpaid at the company's Cooranbong location, in the Lake Macquarie region
The alleged underpayments of the individuals ranged from $5,088 to $15,891.
The workers were allegedly variously underpaid their minimum ordinary hourly rates, casual loading, annual and personal leave entitlements, and overtime entitlements.
The entitlements were allegedly owed under the Nursery Award 2010 and 2020, the Waste Award 2010 and 2020 and the Fair Work Act's National Employment Standards.
It is alleged that the worker based at the company's Terrey Hills location has now been back-paid in full but entitlements remain owing to the three other workers, who have been only partially back-paid.
Fair Work Ombudsman Anna Booth said companies that underpaid workers' minimum lawful entitlements needed to be aware that they risked facing legal action in court.
"We will continue to enforce workplace laws and commence legal actions in the public interest. The alleged underpayment of workers' various entitlements by this employer across many years is disappointing," Ms Booth said.
"A court can order a business to pay penalties and make payments to workers.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court against Australian Native Landscapes Pty Ltd for multiple alleged contraventions. The company faces penalties of up to $31,500, $33,300 or $41,250, per breach, depending on the timing of the particular alleged breaches.
The regulator is also seeking an order requiring the company rectify the alleged outstanding underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 13 March 2026.
