Trolley collection company fined for exploiting migrant workers in Bendigo

Jobanjeet Singh and his company Joban’s Trolley Collection Pty Ltd underpaid two trolley collection workers more than $29,000 in a six month period in 2015.

This was almost 40 per cent of the workers’ total entitlements over that period.

Singh was fined $40,510 and his company was penalised a further $190,128 in the Federal Circuit Court following an investigation and legal action by the Fair Work Ombudsman.

The two workers asked for assistance in 2015 during the Fair Work Ombudsman’s inquiry into Woolworths’ procurement of trolley collection services, which involved inspectors visiting supermarket sites across Australia.

The workers, aged 31 and 28, had recently arrived as refugees from Afghanistan and Pakistan and had been granted permanent residency.

Joban’s Trolley Collection employed them to collect trolleys for Woolworths at Bendigo Marketplace, as part of a subcontract with United Trolley Collections.

The Fair Work investigation revealed the workers were paid rates of $9.73 to $19.32 an hour, resulting in underpayment of minimum hourly rates, shift-work loadings, overtime rates and penalty rates.

They were also underpaid superannuation and annual leave entitlements.

Judge Patrizia Mercuri found that Singh had “employed individuals with limited skills and knowledge of English… or capacity to enforce their rights”.

During the Fair Work investigation, Mr Singh and his company also knowingly provided inspectors with false records that overstated the rates the two workers were paid.

Despite Singh’s claims that it was never his intention to exploit the workers and he was unaware of his legal obligations, Judge Mercuri found the contraventions were deliberate.

“His conduct in creating false records and ensuring that UTC did not become aware of his payment arrangements belies this explanation and suggests that he in fact was well aware that what he was doing was wrong,” Judge Mercuri said.

Acting Fair Work Ombudsman Kristen Hannah said the exploitation of migrant workers was treated particularly seriously.

“We will not hesitate to pursue any business operator who seeks to engage in this type of exploitative conduct,” Ms Hannah said.

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 Amendment (Protecting Vulnerable Workers) Act 2017 has increased the maximum penalties for conduct including deliberate exploitation of workers.

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