The Fair Work Ombudsman has launched legal action against Devine Marine for allegedly underpaying two 'vulnerable' Fijian men
July 26, 2012
Sydney-based Devine Marine Group have allegedly underpaid two men $25,000 for work done at Port Adelaide docks.
The Fair Work Ombudsman alleges two Fijian men worked eight hours a day, seven days a week at the Port Adelaide docks for a living-away-from-home allowance of $100 a day.
The Fair Work Ombudsman yesterday announced legal action had been launched against Devine Marine,
a provider of
shipping and marine salvage services.
According to the Fair Work Ombudsman, Devine Marine Group allegedly recruited the two workers from Fiji, assisted them with accommodation, airfares and obtaining sub-class 456 Short Stay Business Visas and paid them a ‘living-away allowance’ of $100 a day.
Acting Fair Work Ombudsman Mark Scully says the decision to prosecute was made because of the amount of money involved for the two vulnerable, foreign workers, and the employer’s failure to rectify the matter.
“The two workers allegedly performed three months and six months of work respectively, with duties including painting, welding and labouring,” a Fair Work Ombudsman statement says.
“However, the Fair Work Ombudsman alleges they were not paid any wages or superannuation under the premise that the work was part of purported unpaid-training being provided to them by the Adelaide Nautical College, in conjunction with Devine Marine Group.”
The Fair Work Ombudsman says court documents allege that it was not lawful for the work to be classed as unpaid-training.
The Fair Work Ombudsman says the Adelaide Nautical College is not a registered training provider and the work was not part of any formal vocational placement, course or program.
In its Statement of Claim lodged with the Court, the Fair Work Ombudsman alleges the workers should have been classified as casual employees and should have been paid more than $19 an hour on weekdays and up to $39 an hour on weekends.
The statement says the living-away allowance was a separate entitlement and did not reduce the wages the workers were entitled to be paid, with the men allegedly underpaid $14,869 and $10,144 respectively.
The Fair Work Ombudsman discovered the alleged underpayments when it investigated a referral from a South Australian Government agency.
The Fair Work Ombudsman alleges Captain Devine and Mr Boucaut-Jones were involved in Devine Marine Group committing several under-payment related breaches of workplace laws.
It is alleged that Devine Marine Group and Captain Devine also breached workplace laws by failing to comply with a Notice to Produce employment records.
Captain Devine and Mr Boucaut-Jones face penalties of up to $6600 per breach and Devine Marine Group faces penalties of up to $33,000 per breach.
The Fair Work Ombudsman is also seeking a Court Order that the company rectifies the alleged underpayments.
Allegations
have been lodged with Federal Magistrates court in Adelaide.