The former operator of a United Petroleum outlet in Truganina is facing legal action from the Fair Work Ombudsman for allegedly providing false or misleading pay slips and underpaying a migrant worker.
The Fair Work Ombudsman said former commission agent and sole trader of the Leakes Road service station, Bharathi Karnati, and the former manager of the outlet, Ravikanth Baddam, would face court.
Fair Work is making no no allegations against the current operators of the outlet.
It is alleged that Ms Karnati knowingly provided a Fair Work inspector with false or misleading pay slips overstating the rates she had paid an Indian international student employed as a casual console operator.
It is alleged the worker was in fact paid unlawfully low flat rates of no more than $14 per hour, despite being owed at least $28.38 per hour.
It is also alleged the rates were below the minimum wage rate owed under the Vehicle Repair, Services and Retail Award 2020, and resulted in Ms Karnati underpaying the worker $2337 during his employment from December 2020 to January 2021.
The alleged underpayment has been rectified, the Fair Work Ombudsman said.
Further pay slip and record-keeping breaches are also alleged, including that Ms Karnati failed to keep proper time-and-wages records.
It is alleged that Mr Baddam was involved in these further pay slip and record-keeping contraventions.
Ombudsman Anna Booth said the nature of the alleged contraventions meant that litigation was the appropriate response.
“Employers should also be aware that taking action to protect migrant workers is a priority for the Fair Work Ombudsman,” she said.
“We applaud the worker in this case for assisting the Fair Work Ombudsman’s investigation. Migrant workers have the same workplace rights in Australia as any other worker, regardless of their visa status, and anybody with concerns about their entitlements should contact the Fair Work Ombudsman for free assistance.”
Ms Karnati faces penalties of up to $13,320 per contravention for multiple alleged breaches of workplace laws.
Mr Baddam also faces penalties of up to $13,320 per contravention for his alleged involvement.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on July 21.
