A Darling Downs dairy farm operator who incorrectly paid a working holiday visa-holder has been fined $17,500.
Mark Hess, who operates the M.L. Hess Dairy Producer business at Maclagan, east of Dalby, received the penalty from the Federal Circuit Court after failing to comply with a compliance notice from the Fair Work Ombudsman requiring him to back-pay the employee, and breaching record-keeping and pay slip laws.
The affected worker from France was on a working holiday visa when he was employed by Mr Hess on a casual basis to do general farm work, house cleaning and to milk and feed cows.
The worker lodged a request for assistance which prompted the regulator to begin its investigation.
A Fair Work inspector issued a compliance notice to Mr Hess in February 2020 after forming a belief Mr Hess had underpaid the worker's casual minimum rates and failed to pay him penalty rates for public holiday work, under the Pastoral Award 2010, between August and November, 2019.
The notice required Mr Hess to calculate and back-pay the worker's outstanding entitlements.
Mr Hess back-paid the employee $6150.37 in wages and $548.28 superannuation only after the FWO commenced legal action.
Fair Work Ombudsman Sandra Parker said business operators that failed to act on compliance notices needed to be aware they could face court-imposed penalties on top of having to back-pay workers.
"When compliance notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements," Ms Parker said.
The FWO had formally cautioned Mr Hess during a previous investigation in 2018.
Judge Michael Jarrett found that this increased the seriousness of the contraventions.
"The contraventions have come about as a result of a conscious and deliberate decision not to comply with the (Fair Work) Act. He has ignored reasonable warnings given to him by the (Fair Work Ombudsman)," Judge Jarrett said.
Judge Jarrett said there was a need to impose a penalty to deter Mr Hess from further contraventions.
"Moreover, the penalties should be set at a level to deter others who may engage in similar conduct and must not be seen by others as just an acceptable cost of doing business."
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