Fair Work warning as court action looms over berry pickers' pay

Australia's Fair Work Ombudsman has issued a stern warning to labor-hire firms and farms operating in the Coffs Harbour region, signaling intensified enforcement against companies found to be underpaying their workers. "We are coming for you," declared Ombudsman Anna Booth, as the agency pursues legal action against businesses flouting labor laws.

This strong message comes as Fair Work has initiated a Federal Court case against Four Seasons Workforce Pty Ltd. The company is accused of significantly underpaying two workers, a Chinese national and a Japanese national, by approximately $20,000 between July 2023 and October 2024. Both workers were reportedly in Australia on working holiday visas.

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If you are underpaying workers in the Coffs Harbour region … then you should be on notice and checking your own supply chain to make sure it is compliant with the Fair Work Act. Because we are coming for you.

Fair Work alleges that Four Seasons Workforce paid employees on a piecework basis, failing to adhere to the Pieceworker Guaranteed Minimum Rate. This rate ensures that workers receive at least the minimum hourly wage for casual fruit pickers under the Horticulture Industry Award 2020. The company also allegedly failed to comply with issued compliance notices within the required timeframe.

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We see them in the labour-hire industry predominantly. Many growers engage labour-hire companies to supply labour and … this region [Coffs Harbour] is one of our top trouble spot regions that we have identified through our investigations.

These actions follow a recent report on modern slavery that highlighted serious concerns regarding labor-hire firms on the Coffs and Mid North coasts. Some workers reported earning as little as $7 an hour and enduring substandard living conditions in overcrowded and squalid accommodations. If the allegations against Four Seasons Workforce are proven, the company could face penalties of up to $99,000 per offense, and its sole director, Pik Yok Chey, could be fined up to $19,800 per offense.

Ombudsman Booth noted that underpayments are prevalent across the horticultural industry, with labor-hire companies being the primary culprits. She identified the Coffs Harbour region as a "top trouble spot" based on Fair Work's investigations. One affected worker, Kun Du, stated she "had to borrow money from the supervisor on site" due to meager earnings, illustrating the dire impact of these alleged exploitative practices.

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At times, I had to borrow money from the supervisor on site.