Industry condemns labour hire company that misled inspectors on farm
The Queensland Strawberry Growers Association president has condemned the operators of a former labour hire provider for deliberately falsifying documents and breaching workplace laws.
On August 13, the Federal Circuit and Family Court ordered Korserv Pty Ltd to pay $150,240 and fined its former manager, Janghwan Choi, $30,048.
The Fair Work Ombudsman is taking action to protect workers. (Supplied: Fair Work Ombudsman)
The court heard both admitted to providing false and misleading documents to a Fair Work inspector on a Glass House Mountains farm in December 2023 and January 2024.
Korserv, which is no longer operating, was being audited for compliance with pay rates for 14 farm workers, including at least three visa holders.
The Fair Work audit took place on a Glass House Mountains farm in 2023. (ABC Rural: Jennifer Nichols)
The falsified documents included pay slips, payment records purportedly from Korserv's bank account that were never made, superannuation records, and piecework agreements containing false signatures.
The court was told that Korserv had subcontracted two other companies, which were responsible for paying the workers at the farm, and had sent money to those subcontractors.
Fair Work was undertaking an audit on a Glass House Mountains strawberry farm. (Supplied: Fair Work Ombudsman)
Court judgment
In his judgment, Judge Gregory Egan described the "production of the false and misleading documents" as "egregious flouting" of workplace laws.
"The intention on the part of the respondents was to mislead the inspector," he said.
"Penalties ought to be imposed which will generally deter any future conduct of a similar nature by others."
Adrian Schultz says the behaviour is "very disappointing". (ABC Rural: Melanie Groves)
Queensland Strawberry Growers president Adrian Schultz welcomed the fines, but said the punishment should have been harsher.
"It's a very small percentage of people who are taking advantage of these workers and I don't think the penalty is enough," Mr Schultz said.
Korserv Pty Ltd had been hired to provide labour services to the farm. (ABC Rural: Jennifer Nichols)
The judgment states Korserv was engaged by Twin Creek Junction Pty Ltd to provide labour hire services, but it did not suggest any wrongdoing on the farm's part.
The strawberry business entered voluntary administration last year.
Its fields remain barren, home to rusting equipment, weeds and perishing rows of plastic.
The court heard Korserv subcontracted two other companies who were responsible for paying farm workers. (ABC Rural: Jennifer Nichols)
Fair Work Ombudsman (FWO) Anna Booth said her office was prioritising trying to "rid the agriculture sector of this sort of behaviour".
"The conduct in this case was a blatant breach of workplace laws,"
Ms Booth said.
"We treat breaches of workplace laws involving visa-holder workers particularly seriously because they can be vulnerable, often unaware of their rights, heavily reliant on their employers or reluctant to complain."
Anna Booth says she is focused on compliance in the agriculture sector. (ABC News: Billy Cooper)
Mr Schultz encouraged concerned workers to contact the ombudsman. Complaints can be made anonymously, with language-translation services provided.
"We don't have a business if these people don't come and work and so it's very disappointing when these things happen," he said.
The farm that employed the labour hire company has since ceased operation. (ABC Rural: Jennifer Nichols)
The FWO website can be searched to check if labour hire contractors are registered and if action has been taken against them.
"A farmer would have rocks in his head to employ a labour hire contractor … without checking them out first,"
Mr Schultz said.
Korserv Pty Ltd and Mr Choi were given 30 days to pay the fines.
In its judgment, the court accepted "a level of contrition and co-operation has been demonstrated on the part of the second respondent", Mr Choi.
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