The Fair Work Ombudsman has commenced legal action against a Melbourne trailer manufacturing company and its sole director for an alleged breach affecting a migrant worker.
Facing court are Hoppers Trailer Pty Ltd, which operated its business in Hoppers Crossing, and the company's sole director and shareholder, Gurpinder Singh.
A Fair Work Inspector issued a Compliance Notice to Hoppers Trailer Pty Ltd in August 2023 after forming a belief that it had underpaid a welder it employed on a full-time basis from June to October 2022.
The worker, an Indian national, was in Australia on a temporary graduate visa at the time.
The inspector formed a belief that the company had failed to pay the worker's accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Hoppers Trailer Pty Ltd, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
It is alleged that Mr Singh was involved in the contravention.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers," Ms Booth said.
"Employers should also be aware that taking action to protect migrant workers is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Hoppers Trailer Pty Ltd faces a penalty of up to $46,950 and Mr Singh faces a penalty of up to $9,390.
The regulator is also seeking an order requiring the company comply with the Compliance Notice, including paying the alleged outstanding amount to the worker, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 15 April 2025.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
