Earthcare Urban Farming: Luke Chamberlain accused of underpaying teen workers
The Fair Work Ombudsman alleges the company director ignored a compliance notice ordering him to repay the two teenagers he is accused of underpaying. Here’s the penalties he could be facing.
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The director of a Gold Coast gardening and landscaping business will face court after the Fair Work Ombudsman charged him with failing to rectify alleged underpayment of two teen employees.
Mudgeeraba man Luke Courtney Chamberlain, 46, the director of Earthcare Urban Farming, will face the Federal Circuit and Family Court in Brisbane on May 12 after the ombudsman commenced proceedings.
In a statement, the regulator said it began investigating Mr Chamberlain after receiving a request for assistance from two young workers he employed at different times between 2021 and 2023.
One of the workers was a part-time school-based apprentice, aged 17 during his employment, and the other worker, employed on a casual basis, was aged 19–20 at the time.
A Fair Work inspector issued a compliance notice to Mr Chamberlain in August 2023 after forming a belief he had underpaid the workers’ entitlements they were owed under the Gardening and Landscaping Award 2020 and the Fair Work Act, the ombudsman said.
The inspector formed a belief that Mr Chamberlain had failed to pay the school-based apprentice any wages for work he performed over a two-month period and had underpaid the other worker’s minimum wages.
The Fair Work Ombudsman alleges Mr Chamberlain, without reasonable excuse, failed to comply with the compliance notice, which required him to calculate and back-pay the workers’ entitlements.
It is alleged that the amounts Mr Chamberlain was required to pay to comply with the Compliance Notice included $2,902 to the school-based apprentice.
A contravention of pay slip laws is also alleged.
Mr Chamberlain faces a penalty of up to $9,390 for the alleged failure to comply with the compliance notice and a penalty of up to $13,320 for the alleged pay slip contravention, should he be found guilty of the regulatory offences.
The regulator is also seeking a court order requiring Mr Chamberlain to comply with the compliance notice including calculating and rectifying any underpayments, plus interest and superannuation.
It was not immediately clear whether Earthcare Urban Farming remains a going concern.
Corporate regulator ASIC is in the process of striking off Mr Chamberlain’s company, Earthcare Urban Pty Ltd.
Mr Chamberlain has been contacted for comment via the mobile number on his business’ Facebook page.
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