The former operator of a Hallam servo has been accused of underpaying a migrant worker.
It’s part of the Fair Work Ombudsman’s legal action against six United Petroleum outlets for underpayments.
Satarupa Patel, a sole trader and the former commission agent of a United Petroleum outlet on Princes Highway, Hallam had allegedly underpaid an employee a total of $9271 between October 2020-March 2021.
The employee was an Indian national who was on a temporary resident visa at the time was paid unlawfully low flat rates of no more than $15 an hour.
FWO alleges that the worker was entitled to be paid minimum hourly rates of at least $28.38, and additional payments of at least $15.81 per hour of overtime worked.
There are no allegations levelled against the Hallam servo’s current operator.
Fair Work Ombudsman Anna Booth said the nature of the alleged contraventions meant that litigation was the appropriate response.
“Any employer who allegedly significantly undercuts the legal rates risks facing legal action,” Ms Booth said.
“We allege the employer here was paying flat hourly rates that were only barely above half the worker’s owed minimum rates for ordinary hours, and about one-third of their total owed rates for overtime hours.
“These levels of underpayments will never be tolerated.”
Ms Booth said protecting migrant workers was an “enduring priority” for the FWO.
“We applaud the worker in this case for assisting the Fair Work Ombudsman’s investigation.
“Migrant workers have the same workplace rights in Australia as any other worker, and protections for their visas exist if they call out any exploitation.”
The FWO is seeking penalties in court of up to $13,320 per contravention.
The regulator is also seeking an order requiring Ms Patel to rectify the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 3 December.
The proceedings are the latest legal action by the Fair Work Ombudsman against former operators of United Petroleum-branded outlets, which follow audits of 20 outlets across five Australian states.
Total penalties from concluded litigations have exceeded $230,000 to date.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
