Chinese worker allegedly paid $10 an hour
28 October 2015
A Queensland restaurant
operator is facing Court for allegedly paying a young Chinese national just $10
an hour and breaching sham contracting laws.
Facing Court is Jia Ning
Wang, who owns and operates the Fire and Stone Restaurant at the Tangalooma
Island Resort on Moreton Island.
Also facing court is Mr
Wang’s company Golden Vision Food and Beverage Services Pty Ltd.
It is alleged a 417 working
holiday visa-holder, in her 20s, was underpaid after being recruited to wash
dishes at the restaurant.
The worker, who spoke
limited English, allegedly worked 19 days in July-August last year and was paid
the equivalent of $10 an hour.
It is alleged that during
her employment, she was told she had to have an Australian Business Number (ABN)
or she could not work at the restaurant.
The Fair Work Ombudsman
claims the worker should have been classified as a casual employee, not an
The Agency says she should
have been paid the minimum entitlements applicable to her position under the Hospitality Industry (General) Award 2010.
This includes minimum
casual hourly rates of more than $21 for normal hours and up to $26 for weekend
and night work.
As well as an alleged
breach of sham contracting laws, it is also alleged that record-keeping and pay-slip
obligations were not met and that a Notice to Produce employment records was
The Fair Work Ombudsman
investigated after the employee lodged a request for assistance.
Fair Work Ombudsman Natalie
James says it is pleasing that the backpacker has now received all outstanding
wages and entitlements.
However, she says legal
action has been initiated because Mr Wang had previously been placed on notice
of the need to comply with workplace laws following requests for assistance
from other employees at the restaurant and employees of another business he has
“We treat alleged underpayment
of visa-holders particularly seriously because they can be vulnerable if they
are not fully aware of their workplace rights in Australia,” Ms James said.
Golden Vision Food and
Beverage Services Pty Ltd faces maximum penalties of up to $51,000 per
contravention and Mr Wang faces penalties of up to $10,200 per contravention. The
Fair Work Ombudsman is also seeking a Federal Circuit Court Order that Mr Wang
commission an audit of his company’s compliance with workplace laws and report
the results to the Agency.
Employers and employees
seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline
on 13 13 94.
An interpreter service is available on 13
Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO , the Fair Work Ombudsman @fairwork_gov_au or find us on Facebook www.facebook.com/fairwork.gov.au .
Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases
Ryan Pedler, Assistant Media Director
Mobile: 0411 430 902
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