The Fair Work Ombudsman has commenced legal action against a Queensland-based labour hire provider and its manager for allegedly knowingly providing false and misleading records to a Fair Work Inspector.
Facing the Federal Circuit and Family Court are Korserv Pty Ltd (Korserv), which has provided labour hire to farm operators in Queensland, and the company's manager Janghwan Choi.
As part of a proactive auditing campaign in 2023, the Fair Work Ombudsman attempted to conduct an audit of pay rates being provided to workers on a strawberry farm in the Glass House Mountains.
After the farm manager informed Fair Work Inspectors that it had engaged Korserv to provide labour hire services to the farm, the inspectors requested time and wage records from Korserv.
It is alleged that in response, Korserv and Mr Choi knowingly breached the Fair Work Act by providing false records, including pay slips, falsified payment evidence from Korserv's bank account, and piecework agreements (required to be signed by employees under the Horticulture Award) with falsified signatures in respect of 14 workers on the farm, to inspectors in December 2023 and January 2024.
It is alleged the false information purported to show that Korserv had made a range of payments to the workers, when in fact it had never made any such payments.
It is alleged Mr Choi subsequently admitted that Korserv had subcontracted two other companies who were responsible for paying the wages of workers at the farm and that he had sent money to those subcontractors to pay the workers.
The FWO understands that at least three of the 14 workers on the farm were migrant workers on a visa.
Fair Work Ombudsman Anna Booth said that allegedly knowingly providing false records to Fair Work Inspectors was serious conduct that warranted strong enforcement action.
"We allege that the conduct in this case is a blatant flouting of workplace laws," Ms Booth said.
"Employers need to be aware that taking action to try to rid the agriculture sector of this sort of behaviour is a priority for the Fair Work Ombudsman."
Ms Booth said employers should also be aware that taking action to protect visa holders was a priority for the regulator.
"We treat alleged breaches of workplace laws involving visa holder workers particularly seriously because we are aware they can be vulnerable, as they are often unaware of their rights, heavily reliant on their employers or reluctant to complain," Ms Booth said.
"Any workers with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for multiple alleged breaches of workplace laws. Korserv faces penalties of up to $93,900 per breach and Mr Choi face penalties of up to $18,780 per breach.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 21 May 2026.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.
