Fair Work Ombudsman takes labour-hire firm to court for allegedly underpaying Vanuatu workers

EXCLUSIVE: A LABOUR-hire company will face court this month after allegedly underpaying Vanuatu workers more than $77,000.

Scales of Justice

A COMPANY approved by the Federal Government to bring Pacific Islanders to Australia under the Seasonal Worker Program will face court this month after allegedly underpaying Vanuatu workers more than $77,000.

The Fair Work Ombudsman claims labour-hire firm Maroochy Sunshine Pty Ltd failed to pay 13 Vanuatu workers it employed and brought to Australia in 2014.

The FWO claims another nine workers were paid between $50 and $300 for up to seven weeks’ labour on Queensland fruit and vegetable farms.

It comes after The Weekly Times last month revealed allegations of worker mistreatment at farms in Victoria, NSW and Queensland under the same government program.

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The FWO has announced it will take legal action against Maroochy Sunshine owner Emmanuel Bani, who faces penalties of up to $10,200 for each contravention. His company faces penalties of up to $51,000 for each breach.

The Department of Employment approved Maroochy Sunshine to bring workers to Australia in 2014 under the Seasonal Worker Program, which addresses farm labour shortages by bringing Pacific Islanders into Australia.

According to court documents, seen by The Weekly Times, the FWO has alleged Mr Bani underpaid 22 Vanuatu workers $77,649 from July to September 2014. The FWO is also seeking court orders for Mr Bani and his company to back-pay the workers in full.

According to court documents, Mr Bani’s company was contractually obliged to provide each worker with at least 30 hours work a week and weekly wages of more than $500, as stipulated by the Seasonal Worker Program requirements, but failed to do so.

Other allegations against Mr Bani include the underpayment of leave entitlements, failure to provide pay slips and failure to produce information requested by FWO.

Fair Work Ombudsman Natalie James said information provided by the company raised a number of concerns and the integrity of the Seasonal Worker Program needed to be upheld.

“The allegations made by the workers are highly concerning and we have chosen to commence legal action because of the seriousness of the alleged contraventions,” Ms James said in a statement.

A directions hearing is listed for January 18 in the Federal Circuit Court in Brisbane.

A FWO spokesman told The Weekly Times that the Department of Employment also referred the matter to the Australian Federal Police, the Australian Taxation Office and the Department of Immigration.