The Fair Work Ombudsman has commenced legal action against the former operator of a gardening and landscaping business based on the Gold Coast, in Queensland.
Facing court is Luke Courtney Chamberlain, who operated Earthcare Urban Farming, at Mudgeeraba.
The regulator investigated after receiving a request for assistance from two young workers Mr Chamberlain 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 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.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take employers to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order an employer to pay penalties and make payments to workers," Ms Booth said.
"Employers should also be aware that taking action to protect vulnerable workers, such as young workers, is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court. 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.
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.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 12 May 2025.
