Migrant childcare workers ‘paid no wages for a year’
A western Sydney childcare operator allegedly failed to pay two migrant workers any wages for a year of work under a work experience scheme.
NSW
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A western Sydney childcare operator allegedly failed to pay two migrant workers any wages for a year of work under a work experience scheme.
The Fair Work Ombudsman has commenced legal action against Sydney man Jan Shang, who owns and operates the Joys Child Care centre in Parramatta, and his company Joys Child Care Limited.
It’s alleged the two childcare workers were paid nothing despite being entitled to a total of $54,752 in wages, public holiday and annual leave entitlements for a year’s work they performed at Joys Child Care between February 2016 and February 2017.
Both workers are females who are originally from China. One is a permanent resident of Australia, while the other was a visa-holder when she worked for Joys Child Care.
The Fair Work Ombudsman alleges that in return for unpaid work, Mr Shang and his company purported to pay for the two workers’ enrolment in a Diploma in Early Childhood Education at a training institute and provide the workers with practical experience and training to meet the work experience component of the Diploma.
The workers lodged requests for assistance with the Fair Work Ombudsman last year after their employment with Joys Child Care ended.
The Fair Work Ombudsman issued Mr Shang with a compliance order to backpay the women their wages last November but he never complied.
The Ombudsman said his company committed a breach of the Fair Work Act by failing to comply with the compliance notices issued last year to pay the women.
Mr Shang faces a maximum penalty of $6300 and Joys Child Care Limited faces a maximum penalty of $31,500.
Fair Work Ombudsman Natalie James said internship schemes were allowed under the law in certain circumstances.
“But the law prohibits the exploitation of workers by characterising them as ‘interns’ or as doing ‘work experience’ when those individuals are fulfilling the role of an employee,” she said.