Brisbane directors fined $6600 each after Workplace Ombudsman prosecution
June 19th, 2009
Two former directors of a Brisbane labour-hire company have each been fined $6600 for their role in failing to give Chinese workers proper information and access to Australian Workplace Agreements (AWAs) offered to them.
Federal Magistrate Michael Jarrett imposed the penalties on Gregory Wayne Nicholson and David Mark Young, both of Thornlands, in the Federal Magistrates Court in Brisbane.
Nicholson and Young were directors of Australian Recruiting Pty Ltd, which sourced construction workers from China on sub-class 457 visas in 2006 and 2007. The company went into administration last year.
Nicholson and Young were penalised after they admitted committing 10 breaches of the Workplaces Relations Act each through their involement in the failure to give five Chinese employees seven days notice to consider AWAs offered to them and the failure to provide the employees with AWA information statements.
The workers, who could not read, write or speak English, were working at Kalgoorlie in Western Australia at the time.
Federal Magistrate Jarrett said Nicholson and Young had committed serious breaches of the employees’ workplace rights.
Workplace Ombudsman Queensland Director Julie Wade says the penalties imposed on Nicholson and Young should serve as a warning that individual directors who breach workers’ rights will be held accountable.
“We will not tolerate employers conducting workplace bargaining in an improper manner,” Ms Wade said.
www.wo.gov.au Thursday 18th June 2009