A Melbourne plumber is facing legal action after the Fair Work Ombudsman (FWO) alleged he underpaid an Indian migrant worker more than $35,000 and kept false employment records.
The regulator has commenced proceedings against the plumbing business, over alleged workplace law breaches involving an Indian worker employed part-time as a plumber between 2019 and 2023.
The FWO alleges the worker was underpaid a total of $35,622 between June 2020 and July 2023.
According to the regulator, the alleged underpayment involved minimum wages for ordinary hours, annual leave entitlements, public holiday-related pay and a registration allowance under the Plumbing and Fire Sprinklers Award 2010 and 2020 and the Fair Work Act’s National Employment Standards.
The FWO also alleges breaches of laws relating to the frequency of wage payments, payslips and employment records.
The worker, who is now a permanent resident, was a temporary visa holder during his employment.
The regulator said in a statement that the worker was initially in Australia on an international student visa before moving to another temporary visa that required evidence of continued employment.
The FWO alleges that during a period of about 12 months, the business did not pay the worker any wages for work performed.
It is further alleged that the business subsequently made some payments towards the outstanding wages, but that a significant amount remained unpaid.
The regulator also alleges that during the period of non-payment, false records were made and kept purporting to show that wages had been paid.
The FWO alleges that two of the alleged contraventions — failing to pay minimum rates and failing to pay employees in full and at least monthly — amount to serious contraventions under laws protecting vulnerable workers.
Serious contraventions can attract significantly higher penalties where an employer is found to have knowingly and systematically breached workplace laws.
Fair Work Ombudsman Anna Booth said the regulator would continue to pursue alleged exploitation of vulnerable workers.
“Allegedly failing to pay a young migrant worker for work they perform for months on end whilst also keeping false or misleading records is completely unacceptable behaviour,” Booth said.
The FWO alleges that all employees in Australia are entitled to the minimum lawful employment entitlements that apply to their work, regardless of their visa status.
The regulator is seeking penalties for the alleged contraventions. For the alleged serious contraventions, the business faces maximum penalties of up to $187,800 per contravention if found liable. The other alleged contraventions carry maximum penalties of up to $18,780 per contravention.
The FWO is also seeking orders requiring the alleged underpayment to be rectified in full, together with superannuation and interest.
A directions hearing has been listed in the Federal Circuit and Family Court in Melbourne for 17 November 2026.
Support our Journalism
No-nonsense journalism. No paywalls. Whether you’re in Australia, the UK, Canada, the USA, or India, you can support The Australia Today by taking a paid subscription via Patreon or donating via PayPal — and help keep honest, fearless journalism alive.
