The Fair Work Ombudsman has commenced legal action against a labor - hire caller that operated on farm in Far North Queensland , allege it underpaid visa holders almost $ 50,000 .
Facing court is NQ Powertrain Pty Ltd. The Fair Work Ombudsman investigated the company after receiving reports of likely non - conformation from the Queensland Labor Hire Licensing Compliance Unit and the Commonwealth Government departments administer the Pacific Labor Scheme ( PLS ) and Seasonal Worker Programme ( SWP ) .
It is alleged that NQ Powertrain had underpaid 87 prole it employed under the PLS and SWP , a totality of $ 49,933 between December 2018 and May 2020 .
More than $ 42,000 of the alleged underpayment relate to deductions from workers ' salary for accommodation costs . It is say the subtraction were outlaw because they were in surplusage of the actual toll of the accommodation .
It is aver NQ Powertrain made deductions from each worker ’s reward for accommodation at either a boarding house in Mareeba or a farmhouse in Tolga . The Fair Work Ombudsman alleges more than a twelve instances of NQ Powertrain deducting , in total , in surplus of $ 1000 more from a worker ’s pay than was ask to get over their adjustment cost .
NQ Powertrain allegedly also made unlawful deductions from workers ' reward for transport costs and underpaid their Sunday overtime pace , sentence - off - in - lieu entitlement , and minimum - appointment remuneration under the Horticulture Award 2010 .
Fair Work Ombudsman Sandra Parker order taking action to better compliance in the USDA sector and protect vulnerable workers were top antecedence for the FWO .
" This sector engages many vulnerable workers , such as visa bearer , who may be unaware of their right or unwilling to speak up . Employers who fail to give up all their employees ' entitlement – including due to unlawful discount – will be base out and risk facing penalties , " Ms. Parker allege .
" Any employees with concerns about their pay or entitlements should reach the Fair Work Ombudsman for costless advice and assistance . "
The workers were from land including Papua New Guinea , Vanuatu , and the Solomon Islands . They picked , sorted , and packed fruit and vegetables and performed world-wide laboring and housekeeping tasks on the farms .
It is say the worker were utilize by NQ Powertrain for periods of between one calendar month to about 16 months and that the company supplied them on an on - hire basis to farms at location near Cairns , including Innisfail , Tolga , Walkamin , Mareeba , Upper Daradgee , and Mourilyan .
Alleged private underpayment ranged from $ 17 to $ 2,041 . NQ Powertrain has reform the alleged underpayments in full .
The Fair Work Ombudsman is seek penalty against NQ Powertrain Pty Ltd for alleged dispute of the Fair Work Act . The company faces penalties of up to $ 63,000 per contravention . The company ceased trading earlier this year .
For more info : Ryan PedlerFair Work OmbudsmanMobile : 0411 430 902[email protect ]
