Former cleaning business operator faces court
The Fair Work Ombudsman has commenced legal action against the former operator of a cleaning business in Sydney for an alleged breach that impacted migrant workers.
Facing court is sole trader Nereshnie Pather.
The regulator investigated after receiving requests for assistance from three migrant workers Ms Pather employed on a casual basis as cleaners in May-June 2023.
A Fair Work Inspector issued a Compliance Notice to Ms Pather in October 2023 after forming a belief that she had underpaid the workers’ minimum casual hourly rates, owed under the Cleaning Services Award 2020.
The workers were in Australia on working holiday visas at the time. They included a Taiwanese national and a Chilean national.
The Fair Work Ombudsman alleges Ms Pather, without a reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back-pay the workers’ entitlements.
It is also alleged Ms Pather breached the Fair Work Act by failing to issue pay slips to one of the workers during her employment.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests and pay slip laws were not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Ms Booth said.
“Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide pay slips to their employees within one business day of them being paid.
“Employers should also be aware that taking action to protect migrant workers is a priority for the FWO. Migrant workers have the same workplace rights in Australia as any other workers, regardless of their visa status. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking penalties in court.
For the alleged failure to comply with the Compliance Notice, Ms Pather faces a penalty of up to $9,390. For the alleged pay slip contravention, Ms Pather faces a penalty of up to $16,500.
The regulator is also seeking an order requiring Ms Pather to comply with the Compliance Notice, including paying the alleged outstanding amount to the workers, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 13 August 2025.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
Employees can also seek information from their employer or their union, if they are a union member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
The FWO also has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers is available at our visa holders and migrants webpage.
