Fair Work Ombudsman recovers $332,964 for underpayment of Marvel Stadium cleaners

The Fair Work Ombudsman has recovered $332,964 in penalties in court in response to underpayment of cleaners at Etihad Stadium (now Marvel Stadium) in Melbourne’s Docklands.

The Federal Circuit and Family Court imposed penalties against the stadium’s principal cleaning contractor, a sub-contractor and two individual company directors:

-Quayclean Australia Pty Ltd, a national cleaning company that holds the principal contract to provide cleaning services at the stadium, has been penalised $174,420.

-Ranvel Pty Ltd, a Melbourne-based company formerly subcontracted by Quayclean to provide some of the cleaning services at the stadium, has been penalised $114,480.

-Indika Udara Lokubalasuriya, owner-director of Ranvel, has been penalised $15,552.

-Harjot Singh, who was a director of Melbourne-based company Lionheart Workforce Pty Ltd (which entered liquidation in September 2019 and was deregistered in October 2020), which was also formerly subcontracted by Quayclean to provide some cleaning services at the stadium, has been penalised $28,512.

The penalties are the result of an investigation and legal action by the Fair Work Ombudsman in response to 25 stadium cleaners being underpaid a total of $99,637 between February and June 2017 as a result of being paid unlawfully low flat rates.

The FWO investigated after receiving an underpayment allegation through its online anonymous tip-off tool, with Fair Work Inspectors making an unannounced late-night visit to Etihad Stadium after a 2017 AFL match to speak with cleaners and gather evidence.

The affected cleaners have been back-paid in full.

Acting Fair Work Ombudsman Kristen Hannah said the regulator was committed to taking action to address the exploitation of vulnerable workers in supply chains in high-risk industries such as cleaning.

Hannah advised “we welcome the substantial penalties in this case. We conduct thorough investigations of supply chains to gather the evidence we need and we are prepared to take action against multiple levels of supply chains for non-compliant conduct.

“Workers employed in the cleaning sector are low-paid, often vulnerable migrant workers with limited awareness of their workplace rights. We treat deliberate underpayments of such workers particularly seriously.

“Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”

The investigation found that the 25 affected Etihad Stadium cleaners were underpaid entitlements under the Cleaning Services Award 2010, such as minimum ordinary hourly rates, casual loadings, penalty rates and overtime.

Lionheart and Mr Singh paid 11 cleaners flat hourly rates ranging from $7 to $23, resulting in total underpayments of $75,138.26. (Lionheart could not be pursued in court because it went into liquidation in September 2019).

Ranvel and Mr Lokubalasuriya paid 14 cleaners a flat rate of $16 per hour, resulting in total underpayments of $24,498.80.

Quayclean was involved as an accessory in most of the underpayment contraventions because the subcontract amounts it paid Ranvel and Lionheart were not sufficient to enable the companies to provide the relevant cleaning services whilst meeting employees’ minimum Award entitlements.

Judge Caroline Kirton found that all respondents had deliberately contravened workplace laws, noting that Quayclean had admitted knowing the funds it paid Lionheart and Ranvel were insufficient to enable the companies to comply with the Award.

In imposing the penalties, Judge Kirton found there was a need for general deterrence and that she was “conscious of the need to ensure that other businesses in the cleaning industry are deterred from engaging in similar conduct”.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.

Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers at FWO visa holders webpage.

The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can ask for help without fear of their visa being cancelled. Details are at FWO visa protections webpage.

FWO online anonymous tip-off tool

Image. Marvel Stadium