[Australia] Migrant worker helped colleagues recover more than $350k backpay

A working holiday visa holder picking and packing in a Sydney warehouse has recovered backpay in excess of $350,000 for himself and his coworkers after researching his rights and entitlements, Fair Work Ombudsman reports.

Shi Yuen Wong followed his instincts when he had a feeling his pay wasn’t right. “This was the first time I’d been overseas, this was my first job,” Mr Wong said through an interpreter. “I basically didn’t know what things were like in Australia. I never knew overtime rates applied.”

After hearing colleagues discussing wages, he reportedly decided to search the Fair Work Ombudsman (FWO) website for information. Mr Wong’s workplace at the time was Winit (AU) Trade Pty Ltd. The Hong Kong-owned company provides warehousing and distribution services in western Sydney for products sold on online platforms, including eBay.

After reading information at www.fairwork.gov.au, Mr Wong said, “I learned I actually have rights while working in Australia.

“I never knew if [storage and warehousing employees] work on Saturday and Sunday, you are entitled to more money.”

After raising his concerns with his employers failed to lead to any improvement in wages, Mr Wong - a Hong Kong national who speaks limited English - gathered information from around 20 Winit colleagues. With evidence of underpayments collected, he contacted the FWO and requested assistance.

“There were people who believed they should be paid more money for overtime, but a lot of them were very scared about contacting [the Fair Work Ombudsman],” Mr Wong said. “I was not scared; I believe Australia is a society with regulations.”

The result of Mr Wong researching his rights and coming forward for help was, ultimately, back payments in full for 30 migrant employees who were underpaid a total of $368,684.

This reportedly included $13,000 in back-pay for Mr Wong himself.

The FWO pursued the case in court and also secured $558,190 in penalties against the employer and one of its directors.

Mr Wong said, “It’s not so much about the money or justice, it’s about receiving the correct entitlements and being treated fairly. That was the happiest part for me.”

According to Mr Wong, that significant court-ordered penalty was expected. The Court found that the company knowingly underpaid its employees and knew that overtime, Sunday and public holiday penalties should have been paid.

“It was certainly deliberate,” Mr Wong said.

Fair Work Ombudsman Anna Booth has encouraged migrant workers to follow Mr Wong’s example and educate themselves on their rights, then come forward for help if needed.

“Migrant workers have the same rights at work as other employees in Australia. These rights must be met even if you have breached visa conditions. We encourage migrant workers to reach out to us for information and help,” Ms Booth said.

“Protecting vulnerable and migrant workers is an enduring Fair Work Ombudsman priority. Workers like Mr Wong who come to us for help play an important role in allowing us to hold employers to account.”

“Remember – your employer cannot take any adverse action against you, including fire you, because you reach out to the Fair Work Ombudsman for help. The law protects you,” Ms Booth said.

Migrant workers make up around seven per cent of the Australian workforce, yet they are reportedly overrepresented in the FWO’s compliance and enforcement work. This group accounted for 17 per cent of all formal disputes completed, about 20 per cent of anonymous reports received and 15 per cent of all litigations initiated in 2022-23.

The FWO filed 138 litigations involving visa-holder workers, securing $15 million in court-ordered penalties in visa-holder litigations, over the six financial years to June 2023.

Source: Fair Work Ombudsman

(Link and quotes via original reporting)

A working holiday visa holder picking and packing in a Sydney warehouse has recovered backpay in excess of $350,000 for himself and his coworkers after researching his rights and entitlements, Fair Work Ombudsman reports.

Shi Yuen Wong followed his instincts when he had a feeling his pay wasn’t right. “This was the first time I’d been overseas, this was my first job,” Mr Wong said through an interpreter. “I basically didn’t know what things were like in Australia. I never knew overtime rates applied.”

After hearing colleagues discussing wages, he reportedly decided to search the Fair Work Ombudsman (FWO) website for information. Mr Wong’s workplace at the time was Winit (AU) Trade Pty Ltd. The Hong Kong-owned company provides warehousing and distribution services in western Sydney for products sold on online platforms, including eBay.

After reading information at www.fairwork.gov.au, Mr Wong said, “I learned I actually have rights while working in Australia.

“I never knew if [storage and warehousing employees] work on Saturday and Sunday, you are entitled to more money.”

After raising his concerns with his employers failed to lead to any improvement in wages, Mr Wong - a Hong Kong national who speaks limited English - gathered information from around 20 Winit colleagues. With evidence of underpayments collected, he contacted the FWO and requested assistance.

“There were people who believed they should be paid more money for overtime, but a lot of them were very scared about contacting [the Fair Work Ombudsman],” Mr Wong said. “I was not scared; I believe Australia is a society with regulations.”

The result of Mr Wong researching his rights and coming forward for help was, ultimately, back payments in full for 30 migrant employees who were underpaid a total of $368,684.

This reportedly included $13,000 in back-pay for Mr Wong himself.

The FWO pursued the case in court and also secured $558,190 in penalties against the employer and one of its directors.

Mr Wong said, “It’s not so much about the money or justice, it’s about receiving the correct entitlements and being treated fairly. That was the happiest part for me.”

According to Mr Wong, that significant court-ordered penalty was expected. The Court found that the company knowingly underpaid its employees and knew that overtime, Sunday and public holiday penalties should have been paid.

“It was certainly deliberate,” Mr Wong said.

Fair Work Ombudsman Anna Booth has encouraged migrant workers to follow Mr Wong’s example and educate themselves on their rights, then come forward for help if needed.

“Migrant workers have the same rights at work as other employees in Australia. These rights must be met even if you have breached visa conditions. We encourage migrant workers to reach out to us for information and help,” Ms Booth said.

“Protecting vulnerable and migrant workers is an enduring Fair Work Ombudsman priority. Workers like Mr Wong who come to us for help play an important role in allowing us to hold employers to account.”

“Remember – your employer cannot take any adverse action against you, including fire you, because you reach out to the Fair Work Ombudsman for help. The law protects you,” Ms Booth said.

Migrant workers make up around seven per cent of the Australian workforce, yet they are reportedly overrepresented in the FWO’s compliance and enforcement work. This group accounted for 17 per cent of all formal disputes completed, about 20 per cent of anonymous reports received and 15 per cent of all litigations initiated in 2022-23.

The FWO filed 138 litigations involving visa-holder workers, securing $15 million in court-ordered penalties in visa-holder litigations, over the six financial years to June 2023.

Source: Fair Work Ombudsman

(Link and quotes via original reporting)