Court for labour hire company, Maroochy Sunshine, boss

THE owner of a labour hire company ​that underpaid Vanuatu workers on a government employment program has pleaded​ guilty to fraud in a separate court case.

Court for hire boss

THE owner of a labour hire company ​that underpaid Vanuatu workers on a government employment program has pleaded​ guilty to fraud in a separate court case.

Last month the Federal Circuit court ordered Emmanuel Bani’s company Maroochy Sunshine to repay more than $77,000 in underpaid wages to 22 workers he brought to Australia on the Seasonal Worker Program in 2014.

In a separate case last week Mr Bani pleaded guilty to eight charges in the Cairns Magistrates Court, including fraud, driving without a licence, driving an unregistered vehicle and failure to appear in court.

The offences occurred in November 2010 before Mr Bani became an approved employer by the Federal Department for Employment to bring Pacific Islanders to Australia to work under the scheme.

Mr Bani was charged with these eight offences in December 2014.

On March 15 the Federal Circuit Court found Mr Bani, as owner of Maroochy Sunshine breached the Fair Work Act, which included failing to pay 13 Vanuatu workers the company employed, while another nine workers were paid between $50 and $300 for seven weeks work in 2014.

Justice Michael Jarrett ordered Mr Bani, who ​was not in court to hear the judgement, to pay $77,649 to the Vanuatu workers within 28 days.

The court also granted an extension requested by the Fair Work Ombudsman for hearing the case for penalties against Mr Bani for breaching the Fair Work Act.

This is despite Justice Jarrett telling the court he “would have liked to have done it all today”.

Representing the FWO Annalise Jackson said they faced “logistical difficulties” obtaining​ affidavits from the Vanuatu workers and needed more time because the employment watchdog did not yet have penalty evidence for the case against Mr Bani.

But Justice Jarrett said: “I don’t understand why you would commence proceedings unless you had your case together.”

Justice Jarrett refused the FWOs first request to delay the next hearing to July 1 and instead ordered the penalty hearing for June 10.

A sentence hearing for Mr Bani’s eight other charges will be heard on May 13.

A FWO spokesman said it was not “appropriate” to comment on the case and Mr Bani could not be contacted.

A Department of Employment spokeswoman told The Weekly Times ​that before a company becomes a SWP-approved employer, they, along with FWO and Department of Immigration, undertake integrity checks.