The Fair Work Ombudsman (FWO) has commenced legal action against the operators of an IGA supermarket in regional NSW for allegedly underpaying a migrant worker more than $93,000 and trying to cover it up with false records.

Facing the Federal Circuit and Family Court is Kinsfolk Retail, a franchisee which operates the IGA supermarket in Narrandera, in NSW’s Riverina region. Also facing court are the company’s sole director and owner Kavit Himanshu Parekh and his brother Ripple Himanshu Parekh, who the FWO alleges had an involvement in the business.

The FWO alleges Kinsfolk Retail underpaid a Nepalese visa holder it employed at IGA Narrandera a total of $93,257 between August 2021 and May 2023.

The investigation

The FWO investigated after receiving a request for assistance from the worker, whose duties included restocking and filling shelves and unloading delivery trucks.

It’s alleged the investigation found that the worker was paid according to an arrangement where he worked full-time between 51 to 77 hours per week, was paid partially via bank transfer for four hours per week at the appropriate rate under the General Retail Industry Award as shown in his pay slips, and was paid his remaining hours worked in cash, which he received a flat rate of just $15 an hour for all hours worked.

The worker was allegedly entitled to receive between $22.33 to $23.38 for normal hours and rates ranging from $27.91 to $58.45 an hour for the weekend, public holiday, late night and overtime work he regularly performed.

It’s alleged that annual leave entitlements, minimum break entitlements and a laundry allowance were also underpaid.

Kinsfolk Retail has rectified the alleged underpayments in full.

Other breaches

It’s alleged that Kinsfolk Retail also breached record-keeping and pay slip laws, including by knowingly providing false records and pay slips to the FWO during its investigation.

It’s alleged that Kavit Himanshu Parekh was involved in all of Kinsfolk Retail’s contraventions and that Ripple Himanshu Parekh was involved in some of the underpayment and pay slip contraventions, and in the production of false records to the FWO.

‘Unacceptable conduct’

FWO Anna Booth says the seriousness of the alleged conduct warranted legal action.

“Allegedly significantly undercutting minimum Award rates and trying to cover it up with false records and pay slips is completely unacceptable conduct,” she says.

“We’re committed to taking action to protect vulnerable workers in Australia and will ensure that employers who breach the law are held to account.

“Our experienced inspectors will see through false information. Employers need to be aware that we treat such alleged blatant breaches seriously and that taking action to protect migrant workers is a priority for the FWO.”

The FWO is seeking penalties in court for multiple alleged breaches. Kinsfolk Retail faces penalties of up to $82,500 per breach and Kavit Himanshu Parekh and Ripple Himanshu Parekh each face penalties of up to $16,500 per breach.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 October, 2026.