Fair Work launches legal action as international students and migrants unpaid in SA and Tasmania

A western suburbs service station is one of three facing legal action over claims it withheld thousands of dollars in employee entitlements.

A South Australian petrol station is facing legal action after allegedly withholding thousands of dollars in annual leave entitlements.

The Fair Work Ombudsman has started legal action against the United Petroleum outlet at Port Rd, Queenstown in Adelaide, alleging three workers were not paid a total of $2668 in accrued but untaken annual leave entitlements at the conclusion of their employment.

Two of the workers allegedly unpaid were international students.

The Queenstown United Petroleum’s operator and manager are set to face the Federal Circuit and Family Court over allegations of underpaying three workers – including international students.

Operator of the Queenstown outlet – Sai Enterprises Pty Ltd – is facing the Federal Circuit and Family Court in relation to the allegations.

The FWO also alleges Sai Enterprises breached workplace laws by failing to issue pay slips to workers within one working day of making a payment and failing to have written agreements for part-time staff.

The workers were backpaid once the FWO investigation started.

In Tasmania, the FWO alleges four migrant workers, including a junior aged 19-20, were underpaid more than $20,000 and knowingly provided false pay slips at United Petroleum outlets at Sandy Bay in Hobart and Kingston, just south of Hobart.

It is alleged the workers were paid unlawfully low flat rates between $16 and $23 per hour for a fixed number of hours a week resulting in being underpaid a joint total of $20,230 between December 2020 and February 2021.

Additional hours worked were allegedly unpaid.

Fair Work Ombudsman Anna Booth said alleged underpayments of visa holders were treated seriously.

“Employers need to be aware that taking action to protect potentially vulnerable workers, including visa holders and young workers, is among our top priorities,” Ms Booth said.

Fair Work Ombudsman Anna Booth said that any workers with concerns over pay or entitlements should reach out.

“Employees must be paid all entitlements – and pay must cover all hours actually worked.

“The alleged providing of false records is serious and unacceptable conduct. Employers should be aware our experienced inspectors will test whether time and wages records are legitimate. If you use false records you will be found out.”

Ms Booth said any employees concerned about their pay or entitlements should contact the Fair Work Ombudsman.

A directions hearing is scheduled for the Sai Enterprises matter in the Federal Circuit and Family Court in Adelaide for March 21.