Two young migrant workers who picked blueberries on Coffs Harbour region farms were left without wages they were owed for up to 31 months, and now the labour hire company that employed them has been hit with a hefty court bill.
The Federal Circuit and Family Court has imposed a $63,000 penalty on Four Seasons Workforce Pty Ltd and a $12,600 penalty on the company’s sole director, Pik Yok Chey, a total of $75,600 secured by the Fair Work Ombudsman.
The penalties were imposed because the company, which operates in NSW’s horticulture industry, failed to comply with two Compliance Notices requiring it to back-pay the workers. Chey was involved in the breaches.
The company paid the $14,038 owed only after the Fair Work Ombudsman started legal action. The workers were back-paid more than $8,700 and more than $5,300 respectively.
The court found the workers were vulnerable, the amounts owed were of “real consequence”, and the workers had been denied the benefit of wages they should have been paid for 20 and 31 months respectively.
“They were employed as pieceworkers on temporary visas, had limited English language skills, were under the age of 30 during their employment and were vulnerable workers on that account,” said Federal Circuit and Family Court Judge Robert Cameron.
Both workers were in Australia on working holiday visas. One, a Japanese worker, was employed by Four Seasons Workforce between July and November 2023. The other, a Chinese worker, was employed between June and October 2024.
The Fair Work Ombudsman investigated after the workers asked for help.
A Fair Work Inspector formed a belief that the company had paid the workers by the total weight of blueberries they picked, and had failed to pay them the Pieceworker Guaranteed Minimum Rate.
That rate means pieceworkers must be paid, for each day worked, at least the minimum hourly rate for casual fruit pickers under the Horticulture Industry Award 2020, multiplied by the number of hours they worked that day.
The Inspector also formed a belief that one of the workers had been underpaid public holiday rates under the Award, and issued Compliance Notices to the company in May 2025 and September 2025.
“Improving compliance in the horticulture sector and taking action to protect migrant workers are priorities for the Fair Work Ombudsman,” said Fair Work Ombudsman Anna Booth.
“Where employers do not comply, including with Compliance Notices, we will take appropriate action to protect employees.”
“The amounts the workers were owed under the Compliance Notices in this case were significant.”
Booth said employers that failed to act on Compliance Notices needed to know they could face court penalties on top of having to pay workers.
“All employers, including labour hire providers, need to ensure any pieceworkers they engage receive at least the guaranteed minimum rate for each day worked,” she said.
Before the penalty judgment, the Fair Work Ombudsman wrote to growers that used Four Seasons Workforce to warn them of the alleged non-compliance in their supply chains.
Judge Cameron found the penalties should “give pause for thought to others, particularly those in the horticultural industry, who might seek to disregard statutory notices”.
“A failure to comply with a statutory notice is serious, and I accept the Ombudsman’s submission that the efficacy of statutory notices would be reduced or negatived if recipients perceived that a failure to comply carried no meaningful consequences,” Judge Cameron said.
It is not the only case in the region. The Fair Work Ombudsman filed separate legal action this year against another labour hire operator in the region allegedly involved in underpaying visa holders, and that case is continuing before the court.
“Migrant workers can be assured they have the same rights and protections under the Fair Work Act as other employees in Australia, and protections exist for their visa if they call out any breaches,” Booth said.
“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.”
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. A free interpreter service is available on 13 14 50.
One of the workers, the Chinese national, has previously encouraged other visa holders who think they may be underpaid to speak up.
“If you need help, you can access people’s help. Don’t be afraid. Be brave,” the worker said.
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