9 December 2016
Several companies have recently been penalised for underpaying overseas workers. Fair Work Australia is actively monitoring employers to assess their compliance with workplace legislation and sponsorship obligations.
Please ensure that your staff are being remunerated at the market rate for the position. For assistance with sponsor obligations, contact us.
A Taiwanese company that last year back-paid almost $900,000 to a team of overseas workers it brought to Australia has now been penalised in Court for ignoring a demand to make further back-payments to two overseas workers it paid less than $5 an hour.
Chia Tung Development Corp Ltd, which made and installed animal feed mills in regional NSW last year entered into an Enforceable Undertaking with the Fair Work Ombudsman which involved it rectifying $873,000 in underpayments to 43 employees.
The company underpaid the employees – 13 Chinese and 30 Filipino nationals – for work installing animal feed mills across Australia between September 2014 and February 2015. The Ombudsman subsequently found that two of the Filipino nationals had also been underpaid a further total of $61,910 for a previous period of work performed between December 2013 and August 2014.
The Fair Work Ombudsman issued Chia Tung and its Director a formal Compliance Notice earlier this year requiring them to back-pay the workers in full. Under the Fair Work Act, business operators must adhere to a Compliance Notice or make a court application for a review if they are seeking to challenge a notice.
After the Compliance Notice was ignored, the Fair Work Ombudsman commenced legal action. The Federal Circuit Court has now imposed a $24,300 penalty against Chia Tung and a further $4,860 penalty against Lin for failing to comply with the Compliance Notice. The penalties imposed by the Court are 90 per cent of the possible maximums.
In addition to the penalties, the Court has also ordered the company to back-pay the two workers in full. The two workers were in Australia on Subclass 400 short stay business visas during the December 2013 – August 2014 period. Chai Tung paid them a set monthly amount that equated to about $4.90 an hour, which was only a fraction of the minimum hourly rate they were entitled to under the Building and Construction General On-Site Award.
Chia Tung also did not pay the workers’ overtime or penalty rates for Sundays, public holidays and for work undertaken on a rostered day off, and failed to pay their annual leave entitlements.
More than a dozen migrant workers employed at a metal manufacturing business in North West Melbourne have been reimbursed $23,200 following an investigation by the Fair Work Ombudsman (FWO).
Sixteen casual employees from non-English speaking backgrounds were underpaid their ordinary hourly rates of pay, casual loading, penalty and overtime rates over a 10 month period. The underpayments were discovered during audits conducted by Fair Work Inspectors as part of a proactive compliance and education campaign.
The employer, Roo and Oz Sheetmetals Pty Ltd, and its managing director, have rectified the underpayments and entered into an Enforceable Undertaking with the FWO.
Fair Work Inspectors checked the records of the company’s 89 employees who were employed during the audit period. The audit revealed that the majority of workers were employed full-time and were paid above what they were entitled to under the Award.
However, Inspectors found that sixteen casual workers were paid rates equivalent to full-time rates and, as a result, were underpaid their casual loading. The casual workers received hourly rates of between $18 and $19, including on weekends and public holidays. Under the Manufacturing and Associated Industries Award 2010, casual workers of the relevant classification are entitled to receive up to $21.61 per hour for ordinary hours.
Fair Work Inspectors also found that the casual employees were underpaid their weekend and public holiday penalty rates, afternoon shift rates and overtime rates. The highest recovery for an individual worker was $8,677.
Whether you need a temporary visa, family visa, work visa or assistance with skilled migration, you can rely on us for a successful outcome. Our Registered Migration Agent Sydney is ready to help your dream of living in Australia a reality.
31 March 2017
27 March 2017
27 March 2017
1 March 2017
Vietnam has been added to the list of countries whose citizens are eligible to apply for a Read More
31 December 2016
PK Harrison Australian Visa Services have recently formed a partnership with Australian Unity, a leading Australian health insurance provider.
Australian Unity is one of the most reasonab… Read More
12 December 2016
The Department has announced that from 12 December 2016, visa applicants in China are able to lodge visitor visa applications in Chinese through a new online service provided by Australian Visa App… Read More
12 December 2016
On 12 December 2016, the Department commenced its trial of the new 10-year ‘Frequent Traveller’ Read More
1 December 2016
19 November 2016
From 19 November 2016, all 407 visa applications needed to be lodged online.
7 October 2016
Passport fees are payable when you lodge your application.
The following fee increases will come into effect from 1 January 2017 for most Australian travel documents (All fees are shown i… Read More
7 October 2016
7 October 2016
27 September 2016
Treasurer Scott Morrison will reduce the $500 million “backpacker tax” his predecessor Joe Hockey announced in the 2015 Budget.
The Hockey plan had backpackers paying 32.5% on… Read More
27 September 2016
Complete your name and email address below to receive our regular newsletter:
What Do Our Clients Say About Us?
“Thank you very much for your help and support. It was a real pleasure working with you and I was pleased to communicate and work with you in such a professional manner”. – Cristian
“I used PK Harrison for my permanent residency visa and I found them very professional and efficient and I would recommend them for any visa type you need for Australia”. - Alan
"I am always amazed at the level of professionalism and accountability that PK Harrison Australian Visa Services delivers. As a fast paced business, our immigration needs are crucial to the success of the company. PK Harrison Australian Visa Services are quick to respond and always willing to go the extra mile to help us secure vital talent. - Matthew, Founding Director - The Fundraising People
"Definitely one of the most efficient teams that I have ever dealt with. They are reliable, prompt and thorough with their services”. - Amirna
"I have recently used these services and it was very efficient and got my husband's visa approved fast and effectively. I really couldn't have done this on my own. It would be very difficult for me to get a visa without the help of this service”. - Natalie
Locally owned and operated, PK Harrison Australian Visa Services offers a comprehensive range of visa advice and assistance services for individuals and businesses. Located in the North West of Sydney, PK Harrison Australian Visa is raising the standard of what you can expect from a migration agency.
Assessments are available via Video Conference, in person or over the phone. If you would like assistance, advice and support from a leading Sydney migration agent, Preston Harrison is ready to assist you every step of the process. You can utilise services of the team at PK Harrison Australian Visa Services in Sydney, or from anywhere in the world!
Take the first step of your journey of living, working or studying in Australia by contacting us today.