Brisbane business faces court action over mistreatment of foreign workers

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Created on Friday, 02 March 2012 18:00

Written by Editorial staff

When it comes to employment, the importance of adhering to the conditions of migration visas applies to both the foreign nationals and the businesses looking to hire them.

This has been highlighted by a recent case brought before the courts by Fair Work Australia, after investigations found that a Brisbane restaurateur may have been underpaying some of his staff members by as much as 55 per cent.

The ombudsman's office began looking into the activities of the hospitality venture after several employees lodged formal submissions regarding the remuneration and general working conditions.

After deciding to follow up on the complaints, the independent tribunal began actively investigating the circumstances surrounding the alleged discrepancies.

These activities found that, between October 2010 and February 2011, the manager of the venue may have been withholding more than $7,700 in wages from two casual food and beverage attendants who were employed by the restaurant.

The pair - both South Korean nationals - had travelled to Australia for a working holiday and were both in possession of valid temporary immigration visas at the time.

Aged 20 and 23, the pair were not found to possess high levels of English speaking skills - a fact that may have contributed to their circumstances.

Investigators reported to the ombudsman that the employees may have been paid well under the minimum wage for their positions and could not find any evidence that they were awarded casual loading or penalty rates.

While the basic wage for these hospitality workers was meant to be in the area of $18 per hour on standard shifts - moving up to $20 for weekends and public holidays - the employment watchdog said that they may have received as little as $9.

The fair work ombudsman Nicholas Wilson explained that the tribunal made the decision to push forward with prosecutions because of the significant amount of funds being withheld from the two migrant workers who were in a vulnerable position.

Both the manager responsible for the decision and the parent business could be subject to fines of $6,600 and $33,000 respectively and will be required to face the Federal Magistrates Court in Brisbane.

In addition, if the court rules in favour of the young workers then the business may be ordered to pay back the wages it withheld during their tenure.

This case serves to highlight the gaps present between immigration laws and the standard awards and conditions enjoyed by residents - as well as the lack of information available.