'Remember – your employer cannot take any adverse action against you'
The Fair Work Ombudsman (FWO) is encouraging migrant workers to come forward if they believe their employer has been stepping over their rights.
Fair Work Ombudsman Anna Booth reminded migrant workers that they have the same rights at work with other Australian citizens, and employers must meet these rights even if visa conditions are breached.
"We encourage migrant workers to reach out to us for information and help," Booth said in a statement.
She made the remarks amid fears from migrant workers that their employer would retaliate against them if they came forward.
"Remember – your employer cannot take any adverse action against you, including fire you, because you reach out to the Fair Work Ombudsman for help. The law protects you," Booth said.
Wong's underpayment case
The FWO cited the case of Shi Yuen Wong, whose efforts led to the back-payment of over $368,684 to 30 migrant employees, including himself.
Wong, who was employed at Winit(AU) Trade Pty Ltd at that time, said he learned about his rights after going through information at the FWO website.
"I never knew if [storage and warehousing employees] work on Saturday and Sunday, you are entitled to more money," Wong said.
According to Wong, his colleagues already believed they should be paid more for overtime but were afraid to raise the matter to the FWO.
"I was not scared; I believe Australia is a society with regulations," he said.
Underpayments pursued in court
The employee then collected evidence of underpayments made against them and raised them to the FWO, which pursued the case in court.
Wong received back payment worth $13,000 as a result of the case.
The Federal Court also imposed a penalty of $558,190 against his former employer for underpaying migrant workers despite knowing about overtime, Sunday, and public holiday penalties should be paid.
"Workers like Mr. Wong who come to us for help play an important role in allowing us to hold employers to account," Booth said.
Migrant workers make up for 17% of all formal disputes completed at the FWO's compliance and enforcement work, despite the group only accounting for seven per cent of the country's application, according to the FWO.
