Subcontractor allegedly exploited Bendigo workers

The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against Jobanjeet Singh and his company Joban’s Trolley Collection Pty Ltd, alleging underpayment of two trolley collection workers by a total of $29,031 between January and June, 2015.

The workers were recently arrived refugees from Afghanistan and Pakistan aged 32 and 29, who had been granted permanent residency, one of whom spoke limited English.

Joban’s Trolley Collection employed them as part of a subcontract it had at the time with United Trolley Collections Pty Ltd.

United Trolley Collection no longer holds any contracts with Joban’s Trolley Collection and Joban’s no longer operates at any Woolworths sites.  

The Fair Work Ombudsman’s investigation revealed the two workers had allegedly been paid rates ranging from $9.73 to $19.20 an hour, allegedly resulting in underpayment of their minimum hourly rates, shift-work loadings, overtime rates and penalty rates for weekend and public holiday work.

They were allegedly also underpaid superannuation and annual leave entitlements.

The FWO also alleges Mr Singh knowingly provided inspectors with false time and wages records that overstated the rates the two workers were paid.

Fair Work Ombudsman Natalie James said legal action had been commenced because of the involvement of vulnerable workers and the seriousness of the alleged conduct.

“Employers should be aware that we treat exploitation of migrant workers particularly seriously,” she said.

Mr Singh faces maximum penalties of up to $10,800 per alleged contravention of the Fair Work Act​ and Joban’s Trolley Collection Pty Ltd faces penalties of up to $54,000 per alleged contravention.

Ms James said she was increasingly concerned about the number of employers from culturally and linguistically diverse backgrounds exploiting workers from within their own ethnic communities.

“I want to make it clear to that the lawful obligations to pay minimum wage rates, keep appropriate employment records and issue pay slips apply to all employers in Australia and they are not negotiable,” she said.

“We welcome the government’s commitments to enhance workplace laws to better protect vulnerable workers, including increasing applicable penalties for serious record-keeping contraventions.”

Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.