Fair Work Ombudsman
Citation: FWO-2024-02-06-migrant-workers-case-study-media-release
At a glance
- Respondent
- Winit (AU) Trade Pty Ltd
- Penalty
- $350,000
- Employees affected
- 30
What happened
the Applicant, a Hong Kong national on a working holiday visa, worked at Winit (AU) Trade Pty Ltd, a Sydney warehouse and distribution company. He realised he wasn't being paid correctly, particularly overtime rates. After researching on the Fair Work Ombudsman website, he learned about his workplace rights. He gathered information from approximately 20 colleagues and contacted the Fair Work Ombudsman. The investigation revealed 30 migrant employees were underpaid a total of $368,684.
What was decided
The Fair Work Ombudsman pursued legal action against Winit (AU) Trade Pty Ltd and one of its directors. The company was ordered to pay $368,684 in back-payments to 30 employees, including $13,000 to the Applicant. The court also imposed penalties of $558,190 against the company and the Second Respondent. The court found the company knowingly underpaid employees and was aware of overtime and penalty obligations. The Fair Work Ombudsman encouraged migrant workers to seek information and assistance.
What it means for employers
Employers must ensure they are paying all employees, including migrant workers, correct entitlements such as overtime, Sunday, and public holiday penalties. Knowingly underpaying employees and disregarding legal obligations can result in significant penalties and legal action. Employers cannot retaliate against employees who seek information or assistance from the Fair Work Ombudsman.
What it means for employees
Migrant workers have the same workplace rights as Australian citizens and permanent residents, even if their visa conditions have been breached. Employees should educate themselves about their rights and seek help from the Fair Work Ombudsman if they believe they are being underpaid. Employers cannot take adverse action against employees who raise concerns or seek assistance.
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This summary was drafted 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 →