A trolley collection subcontractor is facing Court for allegedly exploiting two migrant workers at Bendigo, in regional Victoria, and using false records to try to cover it up.
The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against Jobanjeet Singh and his company Joban’s Trolley Collection Pty Ltd.
The Fair Work Ombudsman alleges Mr Singh and his company underpaid two trolley collection workers a total of $29,031 between January and June, 2015.
The workers were recent migrants from Afghanistan and Pakistan aged 32 and 29. They had recently arrived as refugees and been granted permanent residency. One worker spoke limited English.
The Fair Work Ombudsman’s investigation revealed that the two workers had allegedly been paid rates ranging from $9.73 to $19.20 an hour.
This allegedly resulted in underpayment of their minimum hourly rates, shift-work loadings, overtime rates and penalty rates for weekend and public holiday work.
They were allegedly also underpaid superannuation and annual leave entitlements.
It is also alleged that during the investigation, Mr Singh and his company knowingly provided Fair Work inspectors with false time-and-wages records that overstated the rates the two workers were paid.
Fair Work Ombudsman Natalie James says legal action has been commenced because of the involvement of vulnerable workers and the seriousness of the alleged conduct.
“Employers should be aware that we treat exploitation of migrant workers particularly seriously,” Ms James said.
Mr Singh faces maximum penalties of up to $10,800 per contravention and Joban’s Trolley Collection Pty Ltd faces penalties of up to $54,000 per contravention for a number of alleged contraventions of the Fair Work Act.
The two workers came forward and lodged requests for assistance during the Fair Work Ombudsman’s Inquiry into the procurement of trolley collection services by Woolworths, which involved Fair Work inspectors visiting 130 Woolworths' sites across Australia.
Ms James says she is increasingly concerned about the number of employers from culturally and linguistically diverse backgrounds who are exploiting workers from within their own ethnic communities.
“I want to make it clear to that the lawful obligations to pay minimum wage rates, keep appropriate employment records and issue pay slips apply to all employers in Australia and they are not negotiable.
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
