Last week in a statement, the FWO said Shree Hari Kishan Pty Ltd, which operates ‘M Hair 'n' Beauty Studio’ in Dandenong and formerly operated ‘Multi Cut Hair and Beauty Salon’ in Springvale and its sole director Manoj Manoj will be facing court.
An FWO spokesperson confirmed to SBS Hindi that it had received one request for assistance from an Indian worker who was on a 482 temporary skills shortage visa. The worker had been employed as a full-time hairdresser at both salons in Melbourne between July 2019 and July 2020.
Highlights:
- Fair Work Ombudsman has commenced legal action against the operators of a Melbourne hair and beauty salon
- FWO alleges that Shri Hari Kishan Pty Ltd has failed to comply with a compliance notice to calculate and back-pay the worker’s underpaid entitlements and that its sole director Manoj Manoj was involved in the contravention.
- Calling the allegations 'false', Mr Manoj says his lawyer is looking into them
A Fair Work inspector issued a Compliance Notice to Shree Hari Kishan in March 2021 after forming a belief the worker had been underpaid minimum wages, meal allowance, overtime rates, and penalty rates for weekend and public holiday work under the Hair and Beauty Industry Award 2010.
It alleges Shree Hari Kishan, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
"It is alleged Mr Manoj was involved in the contravention," FWO said.
The regulator also said that "the company and Mr Manoj breached the Fair Work Act by providing false or misleading records to a Fair Work inspector on four occasions."
In Australia, the Fair Work Ombudsman is an independent government agency that provides free workplace relations advice and information. Source: fairwork.gov.au
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” Acting Fair Work Ombudsman Mark Scully said.
Mr Scully said providing false records was a “serious issue that can result in enforcement action”.
The FWO is now seeking penalties in court.
"For the alleged failure to comply with the Compliance Notice, Shree Hari Kishan faces a penalty of up to $33,300 and Mr Manoj faces a penalty of up to $6,660," the FWO said.
"For each alleged instance of providing false or misleading records, the company faces a penalty of up to $66,600 and Mr Manoj faces a penalty of up to $13,320," it added.
The FWO is also seeking an order for the company to comply with the Compliance Notice, including rectifying the alleged underpayment in full, plus superannuation and interest.
A directions hearing is scheduled at the Federal Circuit and Family Court in Melbourne on 22 July.
In an email to SBS Hindi, Mr Manoj claimed that the allegations were false.
"My lawyer looking after these false allegations (sic)," Mr Manoj said.
Responding to a query regarding the , the FWO spokesperson told SBS Hindi that the regulator has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can seek help without fear of their visa being cancelled.
