Kamaldeep Singh and his wife Uma Singh are facing legal action in the Federal Circuit Court over allegedly underpaying two Indian nationals over $50,000.
Fair Work Ombudsman alleges the couple and their company Sinpek Pty Ltd - the former operators of a Metro Petroleum petrol station on the NSW Central Coast - failed to pay the lawful wages to a man and a woman from India employed as console operators.
The Ombudsman also alleges that the company asked the male employee to cover the loss from a customer who drove off without paying for fuel. He was also allegedly required to pay a part of Sinpek’s income tax payments relating to his work at the fuel station.
The two workers from India were on bridging visas and applied for Regional Sponsored Migration Scheme visas through Sinpek Pty Ltd to work at the petrol station at the Pacific Highway in Doyalson.
According to the FWO, they were underpaid between May 2015 to August 2016 before their jobs were terminated and the company allegedly failed to pay them in lieu of notice of termination and breached the record-keeping and payslip laws.
Fair Work Ombudsman Sandra Parker said inspectors investigated Sinpek after receiving requests for assistance from the Indian employees. Mr Singh was also born in India.
“The Fair Work Ombudsman prioritises matters involving the alleged underpayment of visa workers as they can be particularly vulnerable in the workplace and reluctant to complain,” Ms Parker said.
“These vulnerabilities can, unfortunately, be exacerbated when the employer is from the same cultural background as the affected workers,” she added.
Last year, a Federal Circuit Court judge said employers exploiting workers of similar cultural backgrounds was “extremely serious”.
Judge Salvatore Vasta remarked this in February last year while handing a penalty of $200,000 to a Japanese style food outlet in Brisbane for underpaying nearly $150,000 to five Asian workers.
“It may be said that the Respondents themselves had come from Malaysia and that the workers were Malaysian, but what that means is there is a deal of responsibility for those who are dealing as employers in Australia undertaking what is fair and just in Australia as far as compliance with the legislation. There is an obligation on them to ensure that workers from a similar culture to the employers are not exploited,” Judge Vasta said.
Ms Parker said all employers must pay migrant workers the minimum wage rates that apply to all workers in Australia.
She said any workers concerned about their wage entitlements should contact the Fair Work Ombudsman.
Mr and Mrs Singh and their company could face penalties totalling over a hundred thousand dollars for payroll and record-keeping breaches.
