The Fair Work Ombudsman has started legal action in relation to alleged underpayment at a sixth United Petroleum outlet.
The FWO alleges Satarupa Patel, a sole trader and the former commission agent of a United Petroleum outlet on the Princes Highway at Hallam, in Melbourne’s south-east, underpaid a migrant worker’s minimum hourly rates, overtime entitlements and higher rates for weekend and public holiday work.
It is alleged that Patel paid the employee, who was on a temporary resident visa, no more than $15 an hour instead of a minimum of $28.38.
Under the Vehicle Repair, Services and Retail Award 2020, Patel’s alleged underpayment amounted to a total of $9,271 between October 2020 to March 2021.
Fair Work Ombudsman Anna Booth said the nature of the alleged contraventions meant that litigation was the appropriate response.
“Any employer who allegedly significantly undercuts the legal rates risks facing legal action,” Booth said.
“We allege the employer here was paying flat hourly rates that were only barely above half the worker’s owed minimum rates for ordinary hours, and about one-third of their total owed rates for overtime hours. These levels of underpayments will never be tolerated,” she said.
The FWO is seeking penalties in court and Patel faces penalties of up to $13,320 per contravention.
The regulator is also seeking an order requiring Patel to rectify the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 3 December 2025.
The proceedings are the latest legal action by the Fair Work Ombudsman against former operators of United Petroleum-branded outlets, which follow a FWO investigation into the United Petroleum network in response to concerns over non-compliance.
The FWO investigation of 20 United Petroleum-branded outlets across Tasmania, Queensland, NSW, Victoria and South Australia has resulted in penalties of more than $230,000 to date.
