A & G Lamattina and Sons Pty Ltd to face court after allegedly underpaying workers

The Fair Work Ombudsman is taking a major Mornington Peninsula vegie grower to court after alleging underpaying three workers $91,907 over one year.

A major Mornington Peninsula vegetable grower is set to face court after the Fair Work Ombudsman commenced legal action, alleging they underpaid three visa holders $91,907 over one year.

A & G Lamattina and Sons Pty Ltd (Lamattina), one of Australia’s largest celery producers, will appear in the Federal Circuit and Family Court in Melbourne on October 2 via a directions hearing.

Lamattina grows celery bunches, hearts and sticks at their 385ha property across 27 titles at Boneo.

The FWO alleges Lamattina underpaid one of the farmhands more than $37,000 while the other two were each underpaid more than $27,000 between February 2020 and February 2021.

The ombudsman alleges that, during the relevant period, one worker was only paid for 10 out of 52 weeks worked; another was only paid for six out of 36 weeks; and the other was only paid for eight out of 41 weeks worked.

They said they began investigating the vegetable grower after receiving requests for assistance from the three farmhands who held bridging visas when employed by Lamattina.

Lamattina rectified the alleged underpayments in full in February this year, at least two years after the relevant work period.

The FWO is seeking penalties against Lamattina for alleged contraventions of the Fair Work Act, facing penalties of up to $66,600 per contravention.

Acting Fair Work Ombudsman Mark Scully said investigations into the agriculture sector were a priority.

“The agriculture sector, including horticulture, engages many vulnerable workers, such as visa holders, who may be unaware of their rights or unwilling to speak up to their employer. Visa holders have the same workplace rights as all other workers,” Mr Scully said.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”