Fair Work Ombudsman
Citation: FWO-2023-04-17-green-clean-penalty-media-release
At a glance
- Penalty
- $124,186
- Employees affected
- 2
What happened
The Fair Work Ombudsman secured penalties against Green Clean (Aust) Pty Ltd and a former manager after they underpaid two international students from Nepal. The students worked as casual cleaners between March and June 2019. Green Clean misclassified them as independent contractors, resulting in underpayment of minimum wages, casual loading, broken-shift allowance, penalty rates, overtime entitlements, and superannuation. The company and manager provided false records to a Fair Work Inspector. This is the second time Green Clean has faced penalties for similar breaches.
What was decided
The Federal Circuit and Family Court imposed a $105,840 penalty against Green Clean and $18,346 against the former manager. They admitted to breaching workplace laws by underpaying the workers and providing false documents. The court found the breaches were serious due to the vulnerability of international students and Green Clean's history of similar violations. The judge emphasized the importance of complying with statutory notices and affording employees minimum entitlements.
What it means for employers
Employers, particularly those employing vulnerable workers like visa holders, must ensure correct classification of employees and compliance with workplace laws. Providing false or misleading information to Fair Work Inspectors is a serious offense with significant penalties. Repeated breaches will result in substantial consequences.
What it means for employees
Employees, especially visa holders, should seek advice and assistance if they have concerns about their pay or entitlements. The Fair Work Ombudsman provides free advice and support to help ensure workers receive their correct entitlements.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/april-2023/20230417-green-clean-penalty-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →