Gold Coast Business Operator Penalised After Treating Fair Work with “Utter Contempt”
Posted on December 23, 2025 by The HR Bridge Team
Gold Coast Business Operator Penalised After Treating Fair Work with “Utter Contempt”[/caption]
On 14 July 2026, the Fair Work Ombudsman secured a total of $13,598 in penalty and back-pay orders against the former operator of a Gold Coast gardening and landscaping business.
The Federal Circuit and Family Court imposed a $10,500 penalty against Luke Chamberlain, who previously operated Earthcare Urban Farming in Mudgeeraba. In addition, the Court ordered him to back-pay two young workers a total of $3,098, plus interest.
What Happened
Mr Chamberlain employed two young workers at different times between 2021 and 2023:
- A part-time school-based apprentice who was 17 years old during his employment
- A casual employee aged 19–20
A Fair Work Inspector issued a Compliance Notice in August 2023 after forming the belief that Mr Chamberlain had underpaid entitlements under the Gardening and Landscaping Award 2020 and the Fair Work Act. Specifically, the Inspector found that the school-based apprentice had not been paid any wages for a two-month period, and the casual worker had been underpaid minimum wages. Mr Chamberlain also failed to provide payslips to the casual employee.
He did not comply with the Compliance Notice.
The Court’s Strong Criticism
Judge Salvatore Vasta was highly critical of Mr Chamberlain’s conduct. He noted that the Fair Work Ombudsman had given the operator an opportunity to remedy the breaches without penalty.
“The response of [Mr Chamberlain] was to treat the overtures of the [Fair Work Ombudsman] with utter contempt,” Judge Vasta said.
The Judge also highlighted the importance of payslips, stating that without them it is difficult for an employee to properly plan their life. The failure to provide payslips was described as symptomatic of the way the worker had been treated.
Why This Case Matters
Fair Work Ombudsman Anna Booth reinforced two enduring priorities:
- Protecting young workers
- Ensuring all employees receive accurate payslips within one business day of being paid
She confirmed that when Compliance Notices are not followed, the Fair Work Ombudsman will continue to take legal action.
Key Lessons for Employers
- Compliance Notices must be taken seriously.Ignoring them, or responding dismissively, significantly increases the risk of court penalties.
- Young workers and school-based apprentices are a high priority for the Fair Work Ombudsman.
- Payslips are a legal requirement, not an optional extra. They must be provided within one business day of payment.
- Even small underpaymentsinvolving young workers can result in meaningful court action and personal penalties.
- Sole traders and small operators are personally liable.
Practical Steps for Landscaping, Gardening and Small Business Operators
- Respond promptly and cooperatively to any Fair Work correspondence or Compliance Notice.
- Ensure school-based apprentices and young casual workers are paid correctly for every hour worked under the relevant Award.
- Issue accurate payslips within one business day of every pay day.
- Keep clear time and wage records.
- Complete the free online Compliance Notice course available on the Fair Work website.
At HR Bridge Australia, we support small businesses, sole traders and operators in the landscaping and outdoor services sector with Award compliance, apprentice entitlements, payslip obligations and responses to Fair Work notices. Addressing issues early is always the lower-risk option.
If you have received a Compliance Notice, or would like a review of your current practices for young workers or apprentices, we are here to help.
