It all started with an Indian student’s complaint who was being underpaid for his work at a foreign exchange retail outlet branch in Queensland.
For almost four years, this student worked on flat hourly rates of between $15.38 and $20.42.
In late 2015, he lodged a request for assistance with Fair Work Ombudsman following underpayment concerns.
Two other Indian employees, from Adelaide, lodged a similar request and that is when the Fair Work Ombudsman (FWO) started their investigation against the foreign currency exchange business UAE Exchange Australia Pty Ltd.
The FWO found that the three workers, each from India, were paid flat rates that led to underpayments or non-payments of minimum rates for ordinary hours, casual loadings and penalty rates for the evening, weekend, overtime and public holidays.
The Australian dollar exchange rates are displayed on the Australian Stock Exchange (ASX) trading board in Sydney, Thursday, Sept. 29, 2016. Source: AAP Image/Mick Tsikas
On Thursday, FWO announced the foreign exchange firm will back-pay over $1.3m to their 243 underpaid workers.
“Between 2010 and 2017, workers from UAE Exchange were underpaid wages or required to “make good” daily till shortages, which is a breach of the Fair Work Act’s prohibition on unauthorised deductions from pay. The total back-payment bill for 243 workers is $1,335,664,” FWO said in a release.
The UAE Exchange has now signed a new Enforceable Undertaking (EU) with the FWO under which they must make the remaining back-payments by the end of September 2018.
"Matters involving visa-holders taken seriously"
Fair Work Ombudsman Sandra Parker said that Enforceable Undertakings ensure past and present workers receive back-payments quicker than if court action was required.
"Under the Enforceable Undertaking, UAE Exchange is required to make major improvements to its workplace practices, with current and future workers to benefit. This action serves as a warning to global businesses that if you don’t get your workplace compliance in order, you can be left with a massive back-payment bill," Ms Parker said.
"The Fair Work Ombudsman takes matters involving visa-holders and workers from culturally and linguistically diverse backgrounds particularly seriously. Every single worker in Australia has the same workplace rights, regardless of their citizenship, visa status, ethnicity or cultural and linguistic background," Ms Parker said.
UAE Exchange has also agreed to donate $50,000 to five community services, with $10,000 each to go to the Australian Migrant Resource Centre, the Council of International Students Australia and community legal centres in Queensland, South Australia and NSW.
The company must send letters of apology to the three workers who made requests for assistance.
Employers and employees can seek assistance at www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50.
