Two Indian-origin employers who paid their Indian and Bangladeshi employees less compared to their Australian counterparts will face court after the Fair Work Ombudsman (FWO) commenced legal action against them.
The operators of the Crust Gourmet Pizza franchise outlet in Hobart, Anandh Kumarasamy and Haridas Raghuram and their company QHA Foods Pty Ltd allegedly discriminated against four overseas workers by paying them much less than Australian employees.
The discrimination allegation relates to three Bangladeshi nationals and one Indian national who were allegedly underpaid a total of $9,926 for work performed at the Crust Hobart outlet between January and July 2016.
The four workers, who were in Australia on student visas at the time, performed duties including making and garnishing pizzas, delivery driving, serving customers and cleaning.
It is alleged the four workers were paid a flat hourly rate of $12 for all hours worked, plus $1 per pizza delivery, resulting in significant underpayment of the ordinary hourly rates, casual and evening loadings and penalty rates for weekend and public holiday work they were entitled to under the Fast Food Industry Award.
It is also alleged that the four workers were paid in cash and were not provided with pay slips, in breach of workplace laws.
It is alleged the four workers were paid a flat hourly rate of $12 for all hours worked, plus $1 per pizza delivery, resulting in significant underpayment. Source: Pixabay
In contrast, it is alleged that Australian employees at the Crust Pizza outlet were paid higher minimum rates of pay and penalty rates, including being paid penalty rates for weekend and public holiday work and a cents-per-kilometre rate for deliveries.
According to the Fair Work Act, it is unlawful to discriminate against employees on the basis of their nationality.
QHA Foods and the duo, Mr Kumarasamy and Mr Raghuram committed several breaches of workplace laws, the Fair Work Ombudsman has alleged.
They allegedly also breached workplace laws during the investigation by providing inspectors with records that had been altered by the deletion of the record of hours worked by the four overseas workers.
Source: Pixabay
Fair Work Ombudsman Sandra Parker says the regulator investigated after receiving a request for assistance from an overseas worker.
“We allege that four migrant workers were paid significantly less than other staff at a Crust pizza franchisee because they were not Australian. Migrant workers have the same rights and entitlements as Australian workers and must be paid according to our national awards,” Ms Parker said.
Ms Parker said it was concerning that the case again involved operators allegedly breaching the workplace rights of an employee from the same cultural background.
“Employers should note that we are prioritising matters involving requests for assistance from migrant workers as they can be particularly vulnerable in the workplace and reluctant to complain. We encourage any workers with concerns about their wages or entitlements to contact the Fair Work Ombudsman,” Ms Parker said.
QHA Foods Pty Ltd faces maximum penalties of up to $54,000 per breach and Mr Kumarasamy and Mr Raghuram face penalties of up to $10,800 per breach.
A directions hearing is listed in the Federal Circuit Court in Hobart on November 23.
Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50.
