The Workplace Ombudsman says the treatment of one male and two female 457 visa-holders was nothing short of shabby.

“There were times when these vulnerable workers did not have enough money to put food on the table,” Workplace Ombudsman Executive Director Michael Campbell revealed.

Mr Campbell says the migrant workers were treated unconscionably by a Sydney-based labour hire agency, which deliberately underpaid them more than $15,000.

“When they asked about their wages, they were fobbed off with false promises and threats,” he said.

Mr Campbell said the case highlighted a serious dereliction of duty by Healthcare Recruiting Australia and its sole director Michelle Lloyd.

Lloyd and her company have been fined a total of $48,000 in the Federal Magistrate’s Court for four breaches of the Workplace Relations Act.

Mr Campbell says the company withheld the workers’ entitlements for more than a year after workplace inspectors identified the underpayments.

He says the company unlawfully deducted significant sums of money from their wages for training that was never provided, for rent, agency fees and airfares.

“The workers have told how there were times when they were living on the charity of others and felt ashamed they could not pay their rent,” he said.

“They were upset and frustrated and their treatment was obviously a very difficult time both financially and emotionally.”

HRA placed the three workers at two Sydney nursing/aged care facilities in 2005 and 2006 where they provided residents with personal care and assisted them with showering, dressing and eating.

However, Mr Campbell says HRA failed to pay full wages, casual loadings, penalty rates and holiday pay and made unlawful deductions without the workers’ consent.

He described the case as very serious and said the court penalty should serve as a warning to other recruitment companies bringing in migrant workers.

The Philippine Consulate General in Sydney welcomed the ruling of the Federal Magistrate’s Court.

Consul General Maria Theresa Lazaro said: “We are pleased with the outcome of the case and we are very appreciative of the efforts and the assistance extended by the Workplace Ombudsman to the affected Filipino nurses.”

The Workplace Ombudsman has investigated more than 400 matters relating to 457 visa-holders over the past two years, recovering more than $1.3 million in underpayments for overseas workers. / Workplace Ombudsman
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