Judge Catherine Symons said that the underpayment breaches should be regarded as serious misconduct.
“The conduct of the respondent is especially egregious in circumstances where the employee concerned had characteristics that made him vulnerable to an unscrupulous operator and where the respondent has taken no corrective action, including, so as to redress the underpayment,” Judge Symons said.
“The employee remains out of funds which represented to him almost 50% of his entitlement over the employment period and the respondent, although not apparently operating the Business, remains registered.”
The FWO has previously taken legal action in response to underpayments at the Dae Bark Mart Asian grocery store.
A separate company, Jenni International Pty Ltd (now in liquidation), and a former director-owner of that company, Jordan Shan, were penalised a total of $121,000 in court in 2020 for underpaying migrant workers at the store as little as $10 per hour in 2016.
Mr Shan was also a former director of Jenny Global and prior to the liquidation of Jenni International this year, the companies shared another common director.
The FWO has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders can ask for our help without fear of their visa being cancelled for breaches of their work-related visa conditions.