Seasonal Worker Program: Labour-hire operator slammed for abuse

A QUEENSLAND labour-hire operator has been slammed for his “appalling and egregious treatment” of foreign workers brought into Australia under the Federal Government’s Seasonal Worker Program.

A QUEENSLAND labour-hire operator has been slammed for his “appalling and egregious treatment” of foreign workers brought into Australia under the Federal Government’s Seasonal Worker Program.

Maroochy Sunshine Pty Ltd and its sole director, Emmanuel Bani, have been penalised $227,300 by a Queensland court.

In handing down the ruling Judge Michael Jarrett said the large fine imposed by the court was due to “the serious exploitation of vulnerable foreign workers lured to work in Australia by false promises” about the amount of work and “the amounts they might earn”.

Last year The Weekly Times revealed the Fair Work Ombudsman was taking Mr Bani to court for allegedly exploiting Vanuatu workers.

The Federal Circuit Court in Brisbane on Friday found labour-hire firm Maroochy Sunshine Pty Ltd failed to pay 13 Vanuatu workers it employed and brought to Australia in 2014 under the government-sanctioned program.

While another nine Vanuatu workers, employed by Mr Bani, were paid between $50 and $300 for up to seven weeks’ labour on Queensland fruit and vegetable farms.

The Department of Employment approved Maroochy Sunshine Pty Ltd to bring workers to Australia under the Seasonal Worker Program in 2014.

The program was designed to address farm labour shortages by bringing Pacific Islanders into Australia on special class 416 visas.

It comes after The Weekly Times reported cases of alleged exploitation under this scheme.

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Maroochy Sunshine Pty Ltd has been penalised $186,000 and its sole director, Mr Bani, a further $41,300 following legal action by the Fair Work Ombudsman.

Mr Bani was also ordered to repay $77,649 to the 22 Vanuatu workers to make up for underpayments for their seven weeks’ work in 2014.

In his judgment, Judge Michael Jarrett described Mr Bani’s “appalling treatment” of the workers, and said Mr Bani had deprived his employees of the appropriate basic living standards expected in Australia and caused a “profound impact” upon them and their families.

“The offending conduct was clearly designed to exploit this group of vulnerable workers,” Judge Jarrett said.

Judge Jarrett said Mr Bani promised the workers higher wages than they could have earned at that time in Vanuatu, and each worker travelled to Australia in response to Bani’s offer at considerable expense.

Mr Bani demanded each of the employees fund the costs of obtaining a visa, airfares to Australia, a medical check-up and a police check.

Many of the workers took out loans with the National Bank of Vanuatu to cover these costs.

Under the terms of the Seasonal Worker Program and his agreement with the employees, Mr Bani was obliged to provide each of the workers with at least 30 hours of work each week and weekly wages of more than $500.

However, the court heard Maroochy Sunshine and Bani paid 13 of the 22 workers nothing at all while they worked in Australia. The others were given individual cash payments of between $50 and $300.

The Fair Work Ombudsman began investigating Maroochy Sunshine after receiving a referral from the Department of Employment, which was responsible for administrating the Seasonal Worker Program.

Last year The Weekly Times also revealed Mr Bani was charged with eight other offences which occurred in November 2010, before he was approved by the federal Department for Employment as a SWP employer.

Mr Bani was charged with these other eight offences in December 2014, and in April last year he pleaded guilty to these charges in the Cairns Magistrates Court, including fraud, driving without a licence, driving an unregistered vehicle and failure to appear in court.

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