The Fair Work Ombudsman has commenced legal action against the operators of an IGA supermarket in regional NSW for allegedly underpaying a migrant worker more than $93,000 and trying to cover it up with false records.
Facing the Federal Circuit and Family Court is Kinsfolk Retail Pty Ltd, a franchisee which operates the IGA supermarket in Narrandera, in NSW's Riverina region.
Also facing court are the company's sole director and owner Kavit Himanshu Parekh and his brother Ripple Himanshu Parekh, who the FWO alleges had an involvement in the business.
The Fair Work Ombudsman alleges Kinsfolk Retail underpaid a Nepalese visa holder it employed at IGA Narrandera a total of $93,257 between August 2021 and May 2023.
The Fair Work Ombudsman investigated after receiving a request for assistance from the worker, whose duties included restocking and filling shelves and unloading delivery trucks.
It is alleged the investigation found that the worker was paid according to an arrangement where he worked full-time between 51 to 77 hours per week, was paid partially via bank transfer for 4 hours per week at the appropriate rate under the General Retail Industry Award as shown in his pay slips, and was paid his remaining hours worked in cash, such that he received a flat rate of just $15 an hour for all hours worked.
The worker was allegedly entitled to receive between $22.33 to $23.38 for normal hours and rates ranging from $27.91 to $58.45 an hour for the weekend, public holiday, late night and overtime work he regularly performed.
It is alleged that annual leave entitlements, minimum break entitlements and a laundry allowance were also underpaid.
The entitlements were allegedly owed under the General Retail Industry Award 2020 and the Fair Work Act's National Employment Standards.
Kinsfolk Retail has rectified the alleged underpayments in full.
It is alleged that Kinsfolk Retail also breached record-keeping and pay slip laws, including by knowingly providing false records and pay slips to the Fair Work Ombudsman during its investigation.
It is alleged that Kavit Himanshu Parekh was involved in all of Kinsfolk Retail's contraventions and that Ripple Himanshu Parekh was involved in some of the underpayment and pay slip contraventions, and in the production of false records to the Fair Work Ombudsman.
Fair Work Ombudsman Anna Booth said the seriousness of the alleged conduct warranted legal action.
"Allegedly significantly undercutting minimum Award rates and trying to cover it up with false records and pay slips is completely unacceptable conduct," Ms Booth said.
"We are committed to taking action to protect vulnerable workers in Australia and will ensure that employers who breach the law are held to account.
"Our experienced inspectors will see through false information. Employers need to be aware that we treat such alleged blatant breaches seriously and that taking action to protect migrant workers is a priority for the Fair Work Ombudsman.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also seek information from their employer or contact their union if they are a member."
The FWO is seeking penalties in court for multiple alleged breaches. Kinsfolk Retail Pty Ltd faces penalties of up to $82,500 per breach and Kavit Himanshu Parekh and Ripple Himanshu Parekh each face penalties of up to $16,500 per breach.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 October 2026.
The Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
The Fair Work Ombudsman filed 88 litigations involving an alleged accessory in the two years to June 2025. The FWO secured total penalties of $5,143,749 against accessories across the same timeframe.
