Two recent Fair Work Ombudsman actions in Sydney have delivered a timely warning for migrant workers: being on a temporary visa does not reduce your right to lawful pay and workplace conditions.
On 3 August, the Fair Work Ombudsman (FWO) announced that two Asian grocery businesses had rectified more than $706,000 in underpayments, superannuation and interest affecting 146 employees. Days later, the workplace regulator reported penalties and back-pay orders totalling $45,678 in a separate fast-food case involving a migrant worker.
The cases are not allegations against Indian businesses or the Indian community. However, they matter to Indian Australians—particularly international students, new migrants and temporary visa holders working in retail, hospitality and food services—because they show how missed penalty rates, overtime, allowances and incorrect classifications can add up.
What happened in the Sydney grocery-store case?
The FWO said Thai Kee Grocer Pty Ltd and G Grocer Kingsford Pty Ltd, which trade as Gong Grocer stores, entered enforceable undertakings after underpayments were identified.
According to the regulator:
- 146 shop assistants and office administration workers were affected;
- 32 of those employees held visas, including student and working holiday visas;
- the businesses underpaid $657,469 over an 18-month period;
- a further $48,689 in superannuation and $30,751 in interest was paid; and
- individual back-payments ranged from $2 to $22,320.
The FWO said the problems included incorrect minimum rates, weekend penalty rates, overtime, allowances, leave loading and some personal or carer’s leave payments. Some workers were also classified incorrectly under the General Retail Industry Award.
The businesses cooperated, rectified the amounts and agreed to compliance measures including independent audits and new ways for staff to raise concerns.
A second case shows why speaking up can matter
In a separate announcement on 5 August, the FWO said the former operator of a Belmore fast-food outlet and its former director had been penalised after failing to comply with a notice requiring a migrant kitchen attendant to be back-paid.
The court ordered the company to pay $11,874 owed to the worker, plus interest and superannuation, in addition to penalties. The FWO said the matter began after the employee requested assistance.
For workers who feel powerless because of their visa status, that detail is important: asking for help can trigger a formal review of pay records and entitlements.
What Indian-Australian workers should check now
1. Compare hours worked with hours paid
Keep your own record of start and finish times, unpaid breaks and weekend or public-holiday shifts. Compare it with every payslip. The FWO’s free Record My Hours app can help, but a diary, calendar or saved roster can also provide a useful record.
2. Find the award and correct classification
Many retail, restaurant, café and fast-food employees are covered by a modern award. Your minimum rate may depend on your age, duties, classification, employment type and when you work.
From 1 July 2026, the National Minimum Wage for an award-free adult employee is $26.44 an hour, or $1,004.90 for a 38-hour week. The award-free casual minimum is $33.05 an hour including the casual loading. These figures are a floor for award-free workers—not a universal rate—because an applicable award or agreement may require more.
Use the FWO’s Pay and Conditions Tool rather than relying on a verbal promise or an old pay rate.
3. Look beyond the ordinary hourly rate
Possible entitlements can include:
- casual loading;
- evening, weekend and public-holiday penalty rates;
- overtime;
- meal, clothing or other allowances;
- annual-leave loading; and
- compulsory superannuation.
Cash payment is not automatically unlawful, but it does not remove an employer’s obligations to provide payslips, keep records and pay lawful entitlements.
4. Save evidence safely
Keep copies of your employment contract, payslips, bank deposits, timesheets, rosters, messages about shifts and any records showing the duties you performed. Store copies somewhere your employer cannot access.
Your visa does not erase your workplace rights
The FWO states that visa holders and migrant workers have the same workplace rights as other employees in Australia. It also says your visa will not be cancelled simply because you contact the regulator or ask for information or help. Only the Department of Home Affairs can grant, refuse or cancel a visa.
Special reporting protections may also be available to eligible visa holders experiencing workplace exploitation. Because immigration circumstances differ, workers with visa concerns should use official guidance or obtain independent migration advice rather than relying on an employer’s warning.
Where to get help
Workers can contact the Fair Work Infoline on 13 13 94. For an interpreter, call the Translating and Interpreting Service on 13 14 50. The FWO also provides an online anonymous reporting tool in multiple languages, including Hindi, Tamil and Urdu resources.
If you believe you are being underpaid, begin by recording the facts and checking the relevant award. You can raise the discrepancy with your employer in writing, contact your union if you are a member, or ask the FWO for free assistance. The key takeaway for Indian Australians is straightforward: visa status does not make lawful wages optional, and reliable records can be the first step towards recovering what you are owed.