A Ballarat massage business that underpaid a Chinese worker $13,522 and provided false records to inspectors has been fined.
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The Federal Circuit Court has ordered penalties of $8500 be paid by Austop Natural Therapy and Supplies Pty Ltd, which formerly operated massage parlours trading as 'Yin's Chinese Traditional Massage' in Bacchus Marsh and Ballarat.
The company's sole director Yusen Yin and company secretary Wenhua Liu, were each penalised $2800 for their involvement in the underpayments.
The court also ordered the company's accounting firm,Keith Golding & Associates Pty Ltd from Melbourne, to pay a $5000 penalty for its involvement as an accessory in the company's false-records breaches.
The breach was discovered when Fair Work Australia was contacted by a worker, who was in Australia on a subclass 462 work and holiday Visa.
Between December 2016 and July 2017, the employee was paid a percentage for each massage she performed at the business in Lucas, rather than the hourly rates she was entitled too under the Hair and Beauty Industry Award 2010.
The company also failed to ensure the employee did not work on more than six consecutive days in breach of the award, and failed to issue any pay slips.
Austop Natural Therapy and Supplies and Keith Golding & Associates each breached workplace laws by providing inspectors with records, including pay slips created by Keith Golding & Associates, they knew to be false or misleading.
Fair Work Ombudsman Sandra Parker said the agency prioritised requests for assistance from migrant workers.
"We know migrant workers can be particularly vulnerable due to language or cultural barriers and may not be aware of their workplace rights," Ms Parker said.
"All employees in Australia have the same rights at work, regardless of citizenship or visa status, and we encourage anyone with concerns about their pay to contact us."
Judge Alistair McNab said the underpayments were significant, and the conduct of the accounting firm required deterrence.
"The fourth respondent (accounting firm) was providing professional services which in effect encouraged the first respondent (Austop Natural Therapy and Supplies) to authorise the fourth respondent to produce false documents to the applicant (Fair Wok Ombudsman)," he said.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
