The Fair Work Ombudsman has commenced legal action against a Melbourne plumber for allegedly knowingly underpaying a migrant worker more than $35,000 and making and keeping false records.
Facing court is Tristan Sutherland, whose business has traded as 'T&M Precision Plumbing'.
Fair Work Inspectors investigated after receiving a request for assistance from an Indian worker Mr Sutherland employed on a part-time basis as a plumber between 2019 and 2023. The worker was aged 22 to 26 at the time.
Inspectors allegedly discovered Mr Sutherland underpaid the worker a total of $35,622 between June 2020 and July 2023 and breached frequency-of-pay, pay slip and record-keeping laws.
The worker is now a permanent resident but was a temporary visa holder when employed by Mr Sutherland. The worker was initially on an international student visa and was later reliant on a temporary visa that required the worker to show evidence of continued employment.
It is alleged there was a 12-month period when the worker was on temporary visas in which Mr Sutherland did not make any payments of wages at all for the work he performed.
It is alleged Mr Sutherland partially back-paid the worker in the months that followed but that a significant portion of the wages owed for this non-payment period remains outstanding.
It is alleged the overall underpayment was a result of Mr Sutherland underpaying the worker's minimum wages for ordinary hours, annual leave entitlements, public holiday-related pay and a registration allowance.
The entitlements were allegedly owed under the Plumbing and Fire Sprinklers Award 2010 and 2020 and the Fair Work Act's National Employment Standards.
It is alleged that Mr Sutherland also breached workplace laws during the non-payment period by making and keeping false records purporting to show that he had paid wages to the worker.
The Fair Work Ombudsman alleges two of the contraventions - the failure to pay the worker minimum rates, and failure to pay in full and at least monthly - are serious contraventions under the Protecting Vulnerable Workers laws because they were committed knowingly and systematically.
Serious contraventions attract a tenfold increase in available maximum penalties.
Fair Work Ombudsman Anna Booth said the alleged knowing underpayment of vulnerable migrant workers would not be tolerated.
"Allegedly failing to pay a young migrant worker for work they perform for months on end whilst also keeping false or misleading records is completely unacceptable behaviour," Ms Booth said.
"We will not hesitate to use all powers available to us to pursue employers that allegedly exploit vulnerable workers. Such employers risk significant penalties.
"Employers need to be aware that taking action to protect vulnerable employees, including young and migrant workers, continues to be one of our top priorities.
"All employees in Australia are entitled to receive the minimum lawful entitlements that apply to their employment position, regardless of their visa status. Protections exist for any visas of those who call out contraventions of Commonwealth workplace laws.
"We urge visa holders and other employees with concerns about their pay or entitlements to contact the Fair Work Ombudsman for free advice and assistance."
The FWO is seeking penalties against Mr Sutherland in court for multiple alleged contraventions.
For the alleged serious contraventions, Mr Sutherland faces penalties of up to $187,800 per contravention. For the other matters, Mr Sutherland faces penalties of up to $18,780 per contravention.
The regulator is also seeking court orders requiring Mr Sutherland to rectify the employee's alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 17 November 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.
