The Fair Work Ombudsman has commenced legal action against the operators of a labour hire company operating in NSW’s horticulture industry for alleged breaches affecting two migrant fruit pickers.
Facing court are Four Seasons Workforce Pty Ltd and the company’s sole director, Pik Yok Chey.
The Fair Work Ombudsman investigated after receiving requests for assistance from a Japanese worker employed by Four Seasons Workforce between July and November 2023 and a Chinese worker it employed between June and October 2024.
The company supplied the workers, who were in Australia on working holiday visas, to pick blueberries on farms in the Coffs Harbour region.
A Fair Work Inspector formed a belief that Four Seasons Workforce had paid the workers on a piecework basis according to how much they picked and failed to comply with the requirement to pay them the Pieceworker Guaranteed Minimum Rate.
This guaranteed minimum rate requires pieceworkers to be paid, for each day worked as a pieceworker, no less than the minimum hourly rate for casual fruit pickers under the Horticulture Industry Award 2020 multiplied by the number of hours they worked each day.
The Inspector also formed a belief that the company had underpaid one of the worker’s public holiday rates under the Award.
The Inspector issued Compliance Notices to Four Seasons Workforce in May 2025 and September 2025, which required the company to calculate and back-pay the workers’ entitlements.
The Fair Work Ombudsman alleges the company, without a reasonable excuse, failed to comply with the Compliance Notices within the required timeframe, and that Ms Chey was involved in the contraventions.
It is alleged the total amount the company was required to pay within the required timeframe to comply with the Compliance Notices was $14,065. It is alleged the company paid this amount only after the Fair Work Ombudsman commenced legal action.
One of the workers was Chinese national Kun Du, who said the allegedly unlawfully low pay impacted her ability to buy groceries.
“At times, I had to borrow money from the supervisor on site,” Ms Du said.
After reaching out to the Fair Work Ombudsman, Ms Du was eventually paid the more than $5,000 allegedly owed to her.
“I was really happy because I did not believe the money was going to be back-paid. It had already been two years,” she said.
“When I saw the money, it felt like justice had been served.”
Ms Du encouraged other visa holders who think they may be underpaid to seek help.
“I just want to tell them to be brave, to fight for yourself and fight for more people.
“If you need help, you can access people’s help. Don’t be afraid. Be brave.”
Fair Work Ombudsman Anna Booth said the regulator would continue to take action where lawful requests were not complied with.
“The amounts for the workers owed under the Compliance Notices in this case were significant,” Ms Booth said.
“Improving compliance in the horticulture sector and taking action to protect migrant workers are priorities for the Fair Work Ombudsman. In this sector, as in others, when Compliance Notices are not followed we will continue to take legal action.
“We treat alleged breaches of workplace laws involving visa holders particularly seriously because we are aware they can be vulnerable, as they are often unaware of their rights, heavily reliant on their employers or reluctant to complain.
“But migrant workers can be assured that they have the same rights and protections under the Fair Work Act as other employees in Australia, and protections exist for their visa if they call out any breaches.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”
Ms Booth said the Fair Work Ombudsman would write to growers that engaged Four Seasons Workforce to notify them of the alleged non-compliance within their supply chains.
The Fair Work Ombudsman is seeking penalties in court. Four Seasons Workforce Pty Ltd faces penalties of up to $99,000 per contravention and Ms Chey faces penalties of up to $19,800 per contravention.
A Statement of Agreed Facts was filed in this matter on 12 August 2026.
A hearing is listed in the Federal Circuit and Family Court in Sydney on 20 October 2026.
