17 October 2024

The Fair Work Ombudsman has commenced legal action against the former operator of a United Petroleum outlet in Brisbane, alleging he provided an Inspector with falsified records.

Facing court is Navaneeth Gogikar, who formerly operated a United Petroleum outlet at Sunnybank Hills as a sole trader.

The Fair Work Ombudsman requested time-and-wages records from Mr Gogikar as part of an investigation commenced in 2020.

It is alleged that in response, Mr Gogikar knowingly provided a Fair Work Inspector with false or misleading records and pay slips showing that he paid a young Indian international student he employed different rates of pay than was actually the case.

The regulator alleges that Mr Gogikar also failed to keep proper records for the worker and two other young Indian international students he employed and failed to issue the workers with pay slips.

Mr Gogikar employed the three workers, all visa holders then aged 23 to 24, as console operators for various periods between 2019 and 2021.

The alleged record-keeping failures prevented the Fair Work Ombudsman from obtaining the relevant time-and-wages evidence required to complete a time-and-wages audit.

Acting Fair Work Ombudsman Michael Campbell said the nature of the alleged contraventions meant that litigation was the appropriate response.

“The alleged knowing falsification of employment records is completely unacceptable conduct,” Mr Campbell said.

“It is also unacceptable for an employer’s record-keeping practices to be so poor that they prevent us from completing a proper assessment of what hours its employees have worked and whether it has paid its employees their full lawful entitlements.

“Employers should be aware that taking action to protect young and migrant workers is a priority for the Fair Work Ombudsman. Anybody with concerns about their entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO is seeking penalties in court. Mr Gogikar faces penalties of up to $12,600 or $13,320 per contravention for multiple alleged breaches of workplace laws.

A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 20 January 2025.

The FWO has separately filed three legal actions in the last year alleging breaches of workplace laws at three United Petroleum-branded outlets in Tasmania and South Australia. Those court proceedings are all ongoing.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Employees can also seek information from their employer and their union, if they are a union member.

The FWO has targeted resources for visa holder workers – who have the same workplace rights as other workers – and young workers.

NOTE: The Fair Work Ombudsman makes no allegations against the current operators of the United Petroleum outlet in Sunnybank Hills.