January 13, 2016
A labour hire operator has been charged for allegedly exploiting workers recruited from Vanuatu to pick fruit and vegetables in Queensland.
The Fair Work Ombudsman has taken legal action against Queensland man Emmanuel Bani and his company Maroochy Sunshine Pty Ltd in the Federal Circuit Court in Brisbane.
Mr Bani allegedly recruited 22 workers from Vanuatu on 416 visas under Australia’s Seasonal Worker Program in July, 2014.
He and his company were contractually obliged to provide each of the workers with at least 30 hours work each week and weekly wages of more than $500.
However, Mr Bani allegedly arranged only sporadic fruit and vegetable picking work in the Lockyer Valley, Sunshine Coast and Bundaberg areas over four to seven weeks.
Thirteen workers were allegedly paid nothing at all and others were allegedly paid amounts of between $50 and $300.
In total, the 22 workers – who have since returned to Vanuatu – were allegedly underpaid $77,649.
It is also alleged that annual leave entitlements were underpaid, pay-slip and frequency-of-pay laws were breached and that a Notice to Produce employment documents was not complied with.
Fair Work inspectors investigated after receiving a referral from the Department of Employment.
It is alleged that only five days before the 22 workers arrived from Vanuatu, Fair Work inspectors had met with Mr Bani in relation to another matter and reminded him of his obligations to comply with workplace laws.
Mr Bani faces penalties of up to $10,200 per contravention and his company faces penalties of up to $51,000 per contravention.
The Fair Work Ombudsman is also seeking court orders for Mr Bani and his company to pay backpay to the workers in full and inform the Fair Work Ombudsman in future if they employ any workers.
A directions hearing is listed for January 18.
