Fair Work Ombudsman v HTA Farmings Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against HTA Farmings Pty Ltd (HTA Farmings) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by HTA Farmings, specifically in relation to the payment of wages to its employees. The FWO sought penalties against HTA Farmings for these alleged breaches.

The central legal issue before the Court was whether HTA Farmings had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay its employees the minimum hourly rate prescribed by the relevant modern award, the *Horticulture Award 2020*. The FWO alleged that HTA Farmings had paid its employees a flat rate of $15 per hour, which was below the minimum rate stipulated in the award for casual employees.

Judge Vasta found that HTA Farmings had indeed contravened section 45 of the *Fair Work Act 2009* (Cth). The Court determined that the flat rate of $15 per hour paid by HTA Farmings was insufficient to meet the minimum hourly wage requirements of the *Horticulture Award 2020*. The Court applied the principles of award compliance, emphasizing the employer's obligation to ensure that employees are paid at least the minimum rates stipulated in applicable modern awards, including any applicable loadings or entitlements.

Consequently, the Court ordered HTA Farmings to pay penalties totalling $15,000 for the contraventions. The Court also ordered HTA Farmings to rectify the underpayments to the affected employees.