Significant Fines for Breaches

The owners of Dave’s Noodles, a noodles restaurant in Launceston have been fined $100,000 for underpaying a Chinese chef on a 457 Visa, and creating false wage records.

Over a period of four years the chef received a shortfall of $86,000 and eventually lodged a complaint with the Fair Work Ombudsman. When his claim was investigated the inspectors discovered the worker was being paid at a flat rate based on a 38 hour week while his employers were requiring him to work 60 hours per week.

The owners compounded their culpability by requiring the chef to sign false time and wage sheets for migration purposes, thereby making it clear that they knew that what they were doing was wrong.

In addition to imposing a fine the Federal Court ordered the employee be paid what was owed to him. The Court pointed out that the worker was in a vulnerable position, having to rely on the employer  in order to able to stay in Australia, and observed that the fraudulent paperwork was ‘particularly disturbing behaviour’.

This case highlights that employers who breach their sponsorship obligations and by doing so, impact on the rights of vulnerable members of the community, will be dealt with severely by the courts. 

Contact our specialist Australian Migration Lawyers for any questions about this article or Australian migration and visas.

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457 Visa Holders – Your rights & the Worker Protection Act 2008

You are entitled to receive pay and conditions at least as good as Australian workers who are doing the same work at the same workplace.

Under the laws of the Worker Protection Act 2008, your 457 sponsor must:

·         Show that they are providing you equal pay and conditions of employment to Australian workers performing equivalent work in the same location;

·         Not make deductions from your pay (other than tax) without your permission;

·         Only employ you in your approval skilled occupation;

·         Pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, your family or DIBP on your behalf;

·         Not ask you to pay back the cost of your recruitment, including migration agent/lawyer costs or the costs associated with becoming or being an approved sponsor;

·         Make sure that you do not work for other employers;

·         Not pay you in cash.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.auor by telephone: +61 3 9614 7111 if you require any advice or assistance.

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