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Reported QLD Construction and maintenance

Hamilton Island Operators Pay Back $28.1 Million to Underpaid Workers Amidst Wage Scandal

Published Updated
Regulator

Fair Work Ombudsman

Status

The incident has been reported publicly.

Investigated by

Fair Work Ombudsman

Record summary

Date
Wednesday 5 February 2025
Location
Hamilton Island, QLD
Employer or operator
Hamilton Island Enterprises Limited
Type
Systematic wage underpayment
Deaths
None reported
Injured
None reported
Regulator
Fair Work Ombudsman

What happened

Incident Overview

Hamilton Island Enterprises Limited (HIE), operator of the luxury Queensland holiday destination Hamilton Island, has repaid $28.1 million to 2,152 current and former employees following a Fair Work Ombudsman investigation launched in 2020. The investigation revealed systematic underpayment across multiple roles including handymen, concierges, chefs, and front office staff, with 32 workers remaining unaccounted for and $261,938 still outstanding.

HIE has committed to an enforceable undertaking with the Fair Work Ombudsman to rectify all underpayments dating back to December 2014, with all outstanding payments including interest and superannuation contributions due by 30 June 2026.

Site and Time

The underpayment affected workers based primarily on Hamilton Island, Queensland, with a smaller number employed at HIE’s corporate headquarters in Sydney through its fully-owned subsidiary, Hamilton Island Shared Services Pty Ltd. The systematic wage breaches occurred over an extended period from December 2014 onwards.

Persons Involved

Affected Workers

  • 2,152 current and former employees across hospitality roles
  • 32 workers remain unaccounted for
  • One worker was underpaid $119,446; average underpayment $8,000 per employee

Employer

  • Hamilton Island Enterprises Limited and subsidiary Hamilton Island Shared Services Pty Ltd

Nature of Underpayment

Breaches Identified

  • Full-time employees paid annual salaries that failed to cover minimum award entitlements
  • Overtime rates not paid in accordance with awards
  • Weekend and public holiday penalty rates not applied
  • Broken-shift allowances not provided
  • Annual leave loading not calculated correctly

Most affected workers were employed under the Hospitality Industry (General) Awards 2010 and 2020. Employees working overtime or irregular shifts were particularly impacted.

Injuries / Fatalities

Fatalities

  • None reported.

Injuries

  • None reported.

Investigation Underway

The Fair Work Ombudsman investigation identified the systematic underpayment and negotiated an enforceable undertaking with HIE. The company must ensure all outstanding payments are made by 30 June 2026, including interest and superannuation contributions. HIE will also make a contrition payment of $750,000—$500,000 to the Commonwealth Consolidated Revenue Fund and $250,000 to the not-for-profit Cleaning Accountability Framework.

“The company demonstrated a strong willingness to rectify its non-compliance and implement measures to prevent future breaches. However, this case highlights the broader problem of underpayments across industries, urging employers to adopt more vigilant approaches to wage management.” — Anna Booth, Fair Work Ombudsman

Broader Context

This case underscores the critical need for businesses to adhere strictly to labor laws and regularly review payroll systems. Employers cannot rely on “set-and-forget” salary structures without considering actual hours worked and applicable penalties. The Fair Work Ombudsman encourages any worker who suspects underpayment to use the search function on its website to check for outstanding entitlements.

In Summary

Workers employed by Hamilton Island Enterprises Limited or Hamilton Island Shared Services Pty Ltd who believe they may have been underpaid are urged to contact the Fair Work Ombudsman. Affected employees can search for outstanding entitlements on the FWO website or call 13 13 94 for assistance in claiming unpaid wages.

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