Blue Sky Kids Land and its two directors have been fined $5.1 million, after a long-running case prosecuted by Fair Work over migrant worker exploitation.
The fine is the third highest secured by Fair Work, topped only by the $15.3 million fine against Sushi Bay and the $10.3 million in the Commonwealth Bank and CommSec case.
The company, which is now in liquidation, was found to have paid workers as little as $10/hour between October 2015 and June 2018, and to have deliberately hindered investigations by Fair Work into the wage theft.
The four workers impacted were then recent migrants aged in their 40s, and they spoke limited English.
"Individual wages underpayments ranged from $14,744 to $45,140," Fair Work says.
"The workers gave evidence of the impacts of the underpayments, with one stating that she and her husband struggled to pay their mortgage and had to defer starting a family."
Here's part of the Federal Court judgement:
The respondents’ contraventions were many and varied. The nature of them is apparent from the declarations. They took place over a number of years. All of them were deliberate and all were serious, some more serious than others. What is more, the contraventions occurred in circumstances in which the respondents either knew or were wilfully blind to their legal obligations.
The two directors couldn't immediately be reached for comment.
While Blue Sky Kids Land is in liquidation, there is still an online sales website for kids clothing with this name, with an online sales representative picking up today when ABC called.
"The Fair Work Ombudsman presented evidence in court indicating that a number of Blue Sky Kids Land retail outlets in Sydney were now being operated by separate companies which employed Mr Gu and Ms Yang to perform similar managerial roles, and that these companies had been the subject of underpayment complaints from workers," Fair Work alleges in its press release today.
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