A HALLS Gap motel owner will face court on Thursday for allegedly short-changing Filipino workers more than $261,000.
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NSW Motel Management Services’s Michael and Rowena Parkes will appear at a directions hearing in the Federal Circuit Court in Melbourne on Thursday.
They operate the Comfort Inn Country Plaza at Halls Gap, and the Quality Inn Country Plaza at Queanbeyan, NSW.
The couple also formerly ran the Comfort Inn Country Plaza at Taree, NSW.
The Fair Work Ombudsman alleges NSW Motel Management Services recruited two Filipino couples to work in Australia on 457 skilled worker visas.
All four employees allegedly worked full-time, plus overtime.
Their duties included reception, cleaning and laundry, waiting on tables, cooking, maintenance, gardening and groundwork.
One couple worked at the Halls Gap, Queanbeyan and Taree motels between November, 2012 and January, 2015.
The Fair Work Ombudsman alleges the female employee was underpaid more than $109,500 as a result of being paid little or nothing for more than 3000 hours of overtime work.
Her partner was allegedly underpaid more than $72,900.
Documents lodged in the Federal Circuit Court allege that the two employees were directed to under-record their work hours.
The female employee was also allegedly threatened with dismissal after she spoke to a Fair Work Ombudsman inspector.
The second Filipino couple was employed at the Halls Gap motel between February, 2013 and April, 2014.
The Fair Work Ombudsman alleges only one of the two workers was paid a wage on the basis they were employed as a couple.
The male employee was allegedly paid nothing at all, despite being entitled to more than $61,500 during the course of his employment.
His partner was paid for normal hours but received little or nothing for hundreds of overtime hours, resulting in an alleged underpayment of more than $17,400.
In separate action, she made a successful claim to the Fair Work Commission that she was unfairly dismissed in 2014.
The commission ordered NSW Motel Management Services pay her compensation of $27,500.
The Fair Work Ombudsman has also alleged breaches of workplace laws relating to annual leave entitlements, allowances, deductions, record-keeping, pay-slips, rostering, working unreasonable additional hours and the requirement to provide a Fair Work Information Statement to new employees.
Fair Work Ombudsman Natalie James said legal action was started because of the seriousness of the alleged conduct, the involvement of vulnerable overseas workers and a lack of co-operation from the employer.
She said Mr and Mrs Parkes faced penalties of up to $10,200 for each contravention, while NSW Motel Management Services faced penalties of up to $51,000 for each contravention.
The Fair Work Ombudsman is also seeking Court Orders for the company to back-pay the four employees in full.
In addition, the Fair Work Ombudsman is seeking an injunction restraining Mr and Mrs Parkes and their company from underpaying employees in future.