The Fair Work Ombudsman has secured $110,447 in penalty and payment orders in court against a northern New South Wales wheat farm operator.
The Federal Circuit and Family Court has imposed a $29,970 penalty against Printpot Pty Ltd, which operates a farm on Carinda Road, in Carinda. Carinda is south-west of Walgett.
The penalty was imposed in response to the company failing to comply with a Compliance Notice, which required it to calculate and back-pay entitlements owing to a farmhand it employed on a full-time basis from July 2018 to February 2020.
In addition to the penalty, the court has ordered Printpot Pty Ltd to make a total of $80,477.24 in payments to be provided to the worker. This includes $53,184.84 in outstanding entitlements, $21,157.08 in interest and $6135.32 in superannuation.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
"Where employers do not comply, we will take appropriate action to protect employees," Ms Booth said.
"This is a significant decision for the worker to now receive more than $80,000. Employers should be aware that taking action to improve compliance in the agriculture sector is a priority for the Fair Work Ombudsman, and they will be held to account for wrongdoing.
"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 Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Printpot in July 2021 after forming a belief it had underpaid the worker's minimum wages under the Pastoral Award 2010 and failed to pay his accrued annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
The Court accepted that the worker was entitled to $61,975.68 in wages for the work he performed but Printpot had paid him only $13,600. The Court also accepted Printpot failed to pay the worker $4809.16 in accrued annual leave entitlements.
Judge Robert Cameron found that Printpot's failure to comply with the Compliance Notice was "particularly egregious" and that the company had not expressed any contrition or taken any corrective action despite being given multiple opportunities to do so.
"There is no cogent reason to think that Printpot could not have made the necessary payments if it had wished to. It seems that Printpot has other priorities," Judge Cameron said.
"It cannot be doubted that this is a significant sum of money and an amount which [the worker] and his family could have put to good use and suffered the want of."
Judge Cameron found there was a need to deter Printpot and other employers from similar conduct in future.
"Given the lack of corrective action, contrition and co-operation shown by Printpot, it must be discouraged from repeating its contravening conduct at any time in the future," Judge Cameron said.
"The penalty should also include an element referable to the need for general deterrence such it is plain to the business community, including pastoral and agricultural enterprises, that conduct such as that seen in this proceeding attracts the practical disapproval of the Court."
