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The employees, both women aged in their mids, were allegedly underpaid over a three-month period early last year. One was a Japanese national who was in Australia on working holiday visa. It is alleged the employees were paid on a per-massage basis for most of their employment but were entitled to the minimum hourly rates and entitlements under the Hair and Beauty Industry Award. Under the Fair Work Act, business operators must adhere to Compliance Notices or make a Court application for a review if they are seeking to challenge a Notice.
Fair Work Ombudsman Natalie James says inspectors made extensive efforts to resolve the matter but did not receive sufficient co-operation. Most of the alleged underpayment remains outstanding. In addition, the Fair Work Ombudsman alleges record-keeping and pay slip laws were contravened and that the employees were not provided with a Fair Work Information Statement at the commencement of their employment. It is alleged Bishnu Laxmi Ganesha Trading business manager Binaya Sapkota was involved in the additional contraventions and he is also facing Court.
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