The former operators of a South Australian petrol outlet have been hit with a hefty fine after they ripped off international workers.
Sai Enterprises Pty Ltd, which formerly operated the United Petroleum outlet at Queenstown, was fined $35,000 by the Federal Circuit and Family Court late last month.
The outlet’s former manager, Raman Monga was also fined $3500.
The Fair Work Ombudsman (FWO) audited Sai Enterprises as part of an investigation.
It was discovered the company failed to pay three workers a total of $2668 in accrued but untaken annual leave entitlements at the conclusion of their employment in 2021.
All three of the workers were international students.
Sai Enterprises also breached workplace laws by failing to issue the workers with pay slips within one working day of making a payment and by failing to have written agreements for part-time staff.
Mr Monga failed to pay annual leave on termination of employment for two of the workers, and was in breach of pay slip laws for all three workers.
The affected workers were back-paid in full after the FWO started investigating.
There are no allegations against the current operators of the United Petroleum outlet in Queenstown.
In sentencing, Judge Stewart Brown said he accepted that the underpayments “were not trifling amounts for the individuals concerned and each was compelled to wait a significant time for reimbursement”.
“In addition, were it not for the fact of the FWO’s general investigation into United Petroleum outlets, it is unlikely that the shortfall would have ever been detected,” Judge Brown said.
The litigation against Sai Enterprises and Mr Monga was one of five commenced by the FWO against former operators of United Petroleum-branded outlets, which followed an investigation in response to concerns about noncompliance.
The investigation involved audits of 20 United Petroleum-branded outlets across Tasmania,Queensland, NSW, Victoria and South Australia, with some still ongoing.
Fair Work Ombudsman Anna Booth said the penalties imposed should send a message about the importance of complying with workplace laws.
“All employers have a responsibility to ensure they pay their staff all lawful entitlements and issue them with pay slips – which are essential to workers understanding if they have been paid correctly,” she said.
“Employers also need to be aware that taking action to protect migrant workers is a priority for the Fair Work Ombudsman.”
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance.
Extracted in full from: https://www.adelaidenow.com.au/messenger/west-beaches/former-operators-and-manager-of-queenstown-united-petroleum-outlet-fined-after-breaching-workplace-laws/news-story/37e8637dcc59ae4057dfb0c9578f6095
