Fair Work Ombudsman
Citation: FWO-2023-08-15-polytrade-penalty-media-release
At a glance
- Respondent
- PTES 928 Pty Ltd
- Penalty
- $375,000
- Employees affected
- 5
- Awards cited
- MA000047
What happened
The Fair Work Ombudsman secured $375,515 in penalties against Polytrade (now PT 349 Pty Ltd), PTES 928 Pty Ltd, and company owners Man Sang Chen and Pui Shan Ho. Five migrant workers employed at waste management facilities in Melbourne were underpaid a total of $194,249 between 2018 and 2019. The workers, who held protection and bridging visas, were paid a flat rate of $22 per hour, failing to account for overtime, shift work, weekend, or public holiday work. PTES 928 Pty Ltd acted as a labour provider supplying workers to Polytrade. Ms Ho also owns PTES 928 Pty Ltd.
What was decided
The Federal Court imposed penalties of $138,600 against Polytrade, $200,375 against PTES 928 Pty Ltd, and $27,720 and $8,820 against Mr Chen and Ms Ho respectively. The court found the conduct was a 'wantonly naïve' disregard of workplace obligations. PTES 928 Pty Ltd has back-paid the five workers and made further back-payments of $2.2 million to other underpaid workers. The Full Federal Court increased a penalty against Ms Ho from an earlier amount.
What it means for employers
Employers must ensure all employees, including those on temporary visas, receive their full legal entitlements, including minimum wages, overtime, and penalty rates. Using labour hire arrangements does not absolve employers of responsibility for ensuring workers are paid correctly. Maintaining accurate records and complying with award obligations is crucial.
What it means for employees
Visa holders have the same workplace rights as Australian citizens and permanent residents. Employees should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are unsure of their entitlements. Reporting concerns is encouraged, and protections are in place for those who do so.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230815-polytrade-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 →