| By Nicole Ferrie
Ombudsman warns other businesses to be aware of visa issue
By NICOLE FERRIE
BENDIGO’S Golden Dragon Museum has escaped penalty for underpaying two Chinese employees during the past two years.
Australia’s Workplace Ombudsman found the museum, run by Bendigo’s citizen of the year Russell Jack, failed to meet its workplace obligations.
The Bendigo Weekly revealed in March the watchdog was investigating the popular Bendigo tourism drawcard.
The chief counsel of the ombudsman, Leigh Johns, yesterday said while the museum did not deliberately exploit the workers, management should have been aware of their responsibilities to staff.
He said the museum was informed of the minimum salary level by the Department of Immigration and Citizenship, however management should have known which pay rate under the Cultural and Recreational Industry Sector Award applied to museum employees.
“Often the mistake is made by employers that all they have to do is pay the minimum requirement ... I have no doubt they were informed by DIAC about the minimum salary level, but they didn’t inform themselves about what the industry requirement was,” Mr Johns said.
However, the museum has denied it was their fault.
“The Golden Dragon Museum was instructed by the federal governing body that approves visas, the pay rate regarding sponsorship of skilled migrants into the Australian workforce,” Mr Jack said.
“It turned out that the instructions given to the Golden Dragon Museum were incorrect and led to the underpayment.
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“Immediately upon learning of a possible underpayment, the museum was proactive in seeking the advice and counsel of the local Workplace Ombudsman to clarify any payment concerns.
“Upon being notified from the ombudsman of the amount underpaid, the museum immediately rectified the situation, to the full satisfaction of all parties involved.”
While Mr Johns acknowledged the museum responded quickly, he said every employer had an obligation to inform themselves of their responsibilities.
“They’re not entitled to rely upon, in this case, what DIAC said,” he said.
“As employers you owe it to your employees to properly inform yourself about what they should be paid.
“Although this was not a case of an employer deliberately ripping off their employees, it is still unacceptable that these underpayments occurred and that was acknowledged by the Golden Dragon Museum.”
Mr Johns said the amount “from an employees perspective, in respect to their wages, would be significant for them”.
“Employers need to remember that it is their responsibility to correctly determine employee entitlements. Employers should know that in many cases we have and will continue to prosecute those employers who ignore their workplace obligations,” Mr Johns said.
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