Highlights
- Indian visa holder alleges underpayment at work
- FWO issues notice to business and business operator
- Business to face court after it failed to comply with FWO directions
A visa holder* from India and another employee worked at Bakers Boutique & Patisserie outlets at Meadow Heights and Caroline Springs in Melbourne from 2016 to 2018.
It is alleged that for almost two years, the two employees were underpaid their minimum wages, early morning shift rates, weekend and public holiday penalty rates and overtime rates.
The two employees reached out to Fair Work Ombudsman (FWO)who commenced an investigation and issued two Compliance Notices after forming a belief the two employees were underpaid.
The regulator alleges the company, Gothic Downs Pty Ltd, which operates the retail bakery outlets, without a reasonable excuse, failed to comply with the Compliance Notices.
The FWO has also alleged the company’s sole director Giuseppe Conforto was involved in the failure to comply with the Compliance Notices.
‘The notices required the employer to calculate and back-pay the outstanding wages and entitlements owing to the employees, including the applicable superannuation,’ the FWO said in a statement.
The company and its sole director are now facing court after the FWO commenced legal action against them in the Federal Circuit Court.
The FWO has alleged Gothic Downs Pty Ltd committed two contraventions where the company faces penalties of up to $31,500 per contravention from the Court, while Mr Conforto faces penalties of up to $6,300 per contravention for his alleged involvement.
The FWO is also seeking a Court Order requiring Gothic Downs to comply with the Compliance Notices, which includes rectifying underpayments in full, plus superannuation and interest.
“Under the Fair Work Act, Compliance Notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws,” Fair Work Ombudsman Sandra Parker said.
Source: Pixabay
“Where employers do not comply with our requests, we will take appropriate action to protect employees. A court can order the business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
A directions hearing has been listed in the Federal Circuit Court in Melbourne on 6 August 2020.
Are you being underpaid?
The Fair Work Ombudsman provides free advice and assistance to all workers to help them understand their rights.
Migrant workers and visa holders, including international students, have the same workplace rights as Australian-born workers.
If you think you're being exploited at work, or are an employer or employee seeking assistance, visit the or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
(*identity has been withheld due to privacy reasons)
