The Fair Work Ombudsman has penalised a Bendigo employer and his company $230,638 for underpaying two migrant workers and "exploitative conduct".
Jobanjeet Singh was fined $40,510 and his company, Joban’s Trolley Collection Pty Ltd, a further $190,128, in the Federal Circuit Court.
Two migrants Mohammad Akram Mohammad Taher and Islam Sharifi had requested Fair Work Ombudsman for assistance in 2015. It was found that Singh and his company underpaid the two trolley collection workers a total of $29,031 over a period of just six months in 2015. It was equal to an underpayment of almost 40 percent of their total entitlements over the period.
Mr Taher (31) and Mr Sharifi (28), who had both come to Australia as refugees from Afghanistan and Pakistan respectively, had recently been granted permanent residency.
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Both were employed by Joban’s Trolley Collection to collect trolleys for Woolworths retails stores at the Bendigo Market Place shopping centre.
According to a statement released by the Fair Work Ombudsman, the investigation revealed that the two workers had been paid rates ranging from $9.73 to $19.32 an hour.
“This resulted in the underpayment of their minimum hourly rates, shift-work loadings, overtime rates and penalty rates for weekend and public holiday work,” the statement read.
Mr Singh was accused of providing Fair Work inspectors with false time-and-wage records that overstated the rates the two workers were paid.
Mr Singh’s claim that “it was never my intention to exploit or harm the interests” of the workers, was rejected by Judge Patrizia Mercuri who found that Singh had “employed individuals with limited skills and knowledge of English… or capacity to enforce their rights”.
Judge Mercuri found that the contraventions were deliberate.
“His conduct in creating false records and ensuring that UTC did not become aware of his payment arrangements belies this explanation and suggests that he, in fact, was well aware that what he was doing was wrong,” Judge Mercuri said.
Judge Mercuri said that the penalties imposed should “send a message to employers in the trolley collection industry that failure to comply with their workplace obligations will have consequences”.
Acting Fair Work Ombudsman Kristen Hannah said the Court’s decision sends a message that deliberate exploitation of vulnerable workers is entirely unacceptable.
“Employers should be aware that we treat exploitation of migrant workers particularly seriously. We will not hesitate to pursue any business operator who seeks to engage in this type of exploitative conduct,” Ms Hannah said.
