July 2018 | Sushi supplier to back-pay a Chinese worker

Date: 18 July 2018

Source: Fair Work Ombudsman

A Perth wholesale sushi supplier will back-pay a worker more than $13,000 and overhaul its workplace practices under a new Enforceable Undertaking (EU) signed with the Fair Work Ombudsman.

Prime Enterprise Holdings Pty Ltd operates a wholesale sushi preparation factory, catering services, and ten Asian fast food outlets and restaurants across Western Australia.

The former worker, a Chinese national working in Australia on a 457 spousal visa, was employed as a part-time sushi-maker at the company's wholesale food preparation factory located in O'Connor. The worker was underpaid $13,047.88 over 11 months.

The worker lodged a request for assistance with the Fair Work Ombudsman following concerns that she was not being paid the correct rate for nightshift work.

A Fair Work Ombudsman investigation found that the worker was paid flat rates of between $12 and $18.29 per hour. In fact, she was entitled to significantly higher casual rates under the Food, Beverage and Tobacco Manufacturing Industry Award 2010.

According to the Award, she should have been paid hourly base rates of up to $23.51. She should have also received up to $47.02 per hour for Sunday shift work and up to an additional $7.05 per hour for night shift allowances.