Fair Work Ombudsman v Seasonal Farm Services

The Fair Work Ombudsman (FWO) brought proceedings against Seasonal Farm Services (SFS) alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned SFS's alleged failure to provide employees with their minimum entitlements under the National Employment Standards (NES) and the relevant modern award, specifically regarding annual leave and long service leave. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether SFS had contravened section 44 of the Act by failing to provide employees with their accrued annual leave entitlements upon termination of employment, and whether SFS had contravened section 50 of the Act by failing to pay employees their accrued long service leave entitlements upon termination. The Court was also required to determine the appropriate penalties for these contraventions.

Judge Vasta found that SFS had indeed contravened sections 44 and 50 of the Act. The Court reasoned that the employer's obligation to pay out accrued annual leave and long service leave upon termination is a fundamental entitlement under the NES and relevant awards, and that SFS had failed to meet this obligation for a number of employees. The Court emphasised the importance of employers complying with their statutory obligations to ensure employees receive their minimum entitlements. The Court ordered SFS to pay pecuniary penalties totalling $10,800 and to back-pay the outstanding leave entitlements to the affected employees.