The National Union of Workers (NUW) and a law firm are preparing to launch a class action on behalf of about 20 migrant workers who were allegedly underpaid and bullied by a Melbourne-based company.
Melbourne pizza manufacturing company Della Rosa, which supplies pizza bases and ready-made pizza to retailers such as Coles, Woolworths, Foodworks and IGA is facing a class action from a group of its former employees over alleged underpayments.
At least 20 former employees have alleged Della Rosa of underpayment and denial of penalty rates.
Documents obtained by SBS Dari suggest that the workers were involved in 10-14 hours shifts every day with some of them working weekend and public holiday shifts, but only receiving normal rates.
Afghan migrant Ruhullah Mansoori worked at Della Rosa for six years. Source: SBS Dari
Exploitation of migrant workers
These workers also accuse the manufacturer of exploitation by using the migrant workers’ lack of knowledge about their workplace rights.
Afghan migrant Ruhullah Mansoori, 28, worked for Della Rosa for six years and was recently dismissed for ‘misconduct’ while he accuses the company of dismissing him for joining the NUW.
In a statement to the Fair Work Commission, Mr Mansoori alleges that he was forced by the company to sign two formal warning letters and when he refused to sign the third warning letter and resign, the company subsequently dismissed him.
A group of former Della Rosa's Indian workers interviewed by SBS Punjabi also made the similar accusations. Source: SBS Punjabi
Mr Mansoori told SBS Dari he and other fellow migrant workers who make up to 90 per cent of the company’s workforce were not aware of their workplace rights in Australia until they met with NUW’s representatives, but gaining knowledge of their workplace rights made them the subjects of more bullying and harassment.
“They like people who come from other countries, don’t know English, have no language skills, don’t know the laws. They hire them with a low wage and always frighten them that we would send you back.”
Della Rosa is believed to have employed less than 500 people with most of them having come from countries such as India, Afghanistan and Pakistan.
Union’s involvement
NUW organizer Taqi Khan Azra said the union was invited to attend Della Rosa work site by the company's workers. Source: SBS Dari/Aaron Wan
The NUW said it was contacted by Della Rosa’s workers about two years ago asking the union to attend the site to witness the “cruel” treatment of them by their employer.
“When we went there, the company treated us very badly. It had no respect at all” NUW organiser Taqi Khan Azra told SBS Dari.
Mr Azra claims that the company has consistently refused to negotiate with the union about workers’ rights and concerns.
At least four statements of former Della Rosa workers to the FWC suggest that the company has made attempts to keep them away from the union.
Alleged underpayment
According to the documents provided to SBS Dari, the NUW and its legal representative Maurice Blackburn Lawyers have sent several letters of demand to Della Rosa and its legal representative RND Lawyers, but received no response from them.
Maurice Blackburn Lawyers’ letter of demand to RND Lawyers accuses the company of breaching the section 45 of the Fair Work Act 2009 and the Food, Beverage and Tobacco Modern Award 2010 and has requested a total of $619,210.41 for 15 former workers.
Another NUW organiser Pareen Minhas said almost 300 workers have been affected by the company's underpayments. Source: SBS Dari/Aaron Wan
The claims range from over $7,500 to over $75,000.
The first letter was sent in April 2019 and since then the number of former workers joining the claim has risen to more than 20.
NUW organisers say once they’re done with the calculations of the claims, they will take the matter to the Federal Court.
“There are almost 300 workers at Della Rosa who have been affected by these underpayments, and we need them to get in contact with us so we can fight for them,” another NUW organiser Pareen Minhas told SBS Punjabi.
SBS Dari has contacted Della Rosa for comment.
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