An Italian cook employed at Sydney’s popular Bar Coluzzi at Darlinghurst was shortchanged by her employer Tibor Vertes and his company Robit Nominees Pty Ltd.
Brought to Australia on a 457 skilled worker visa to work in this licensed café, this Italian cook was allegedly forced to payback a total of $13,952 of her wages as part of an exploitative cashback scheme by the owner of this licensed café.
It is alleged that every time she received her salary, she was required to withdraw $218 in cash and hand it back to Mr Vertes.
She did so while she was employed there from August 2014 till November 2015.
Mr Vertes allegedly told the worker that his company could not afford to pay her whole salary and required the cashback payments to cover tax and superannuation contributions.
The worker lodged a request for assistance with the Fair Work Ombudsman after she resigned.
It is alleged that when Fair Work inspectors investigated, they found that in addition to the cashback scheme, Robit Nominees had underpaid the worker’s minimum hourly rates, annual leave entitlements, overtime rates and penalty rates for weekend and public holiday work during her employment.
It is alleged that the unlawful cashback scheme and the underpayment of minimum entitlements led to the worker being short-changed a total of $39,686.
The worker has now been paid in full but Fair Work Ombudsman Natalie James says legal action has been commenced because of the seriousness of the alleged conduct.
Mr Vertes faces maximum penalties of up to $10,800 per contravention and Robit Nominees Pty Ltd faces penalties of up to $54,000 per contravention.
A date is yet to be set for the next directions hearing for the matter in the Federal Circuit Court in Sydney.
Ms James says she has been concerned about the use of cashback arrangements in a number of matters.
The Federal Circuit Court recently ordered record penalties of who were coerced into paying back large portions of their wage to their employer.
The workers were threatened with violence and deportation if they refused.
Ms James says employers should also be aware that exploitation of visa holders is treated particularly seriously because they can be vulnerable if they are not fully aware of their workplace rights or are reluctant to complain.
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
