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The Canberra Times
The Canberra Times
National
Toby Vue

Federal court action launched against ACT's Saudi Arabian Cultural Mission

The Saudi Arabian Cultural Mission in Turner. Picture: Elesa Kurtz

Workers at the self-described "largest foreign cultural mission in Australia'' have launched federal court action, accusing their employer of causing years of severe hardship and a culture of fear that allegedly included a "horrific shakedown" and forced resignations for those with spouses also working there.

Lawyers for at least 17 past and current employees at the Canberra-based Saudi Arabian Cultural Mission (SACM) recently lodged documents with the federal court, accusing SACM and the affiliated Saudi Arabia Embassy of making serious systemic and deliberate breaches of the Fair Work Act and two modern awards.

SACM was established in 2004 and describes itself as being "geared towards promoting bilateral relations between Saudi Arabia and Australia in the academic, cultural, scientific and technological fields".

The lawyers said the alleged breaches included "a number of staff who were forced to resign on or about November 2015 because their martial partners also worked for SACM".

"The employees obeyed instruction to resign for fear that if they didn't, both husband and wife would lose their jobs," the lawyers said.

Some workers were also allegedly paid superannuation intermittently up to only 2014, with one having only about $20,000 in 11 years, which the lawyers said amounted to sham contracting under the Act.

The Royal Embassy of Saudi Arabia in Yarralumla. Picture: Jeffrey Chan

Another worker said he accepted a role at SACM as they matched an offer another employer made to him.

He alleges, however, when he began work at SACM, he was paid less than what was offered.

"He had no rights of recourse and his complaints were ignored," the lawyers allege.

The worker said he was previously investigated after being told to make a payment.

"This staff member provided us with his recollection of what can only be described as a horrific 'shakedown' by two Saudi officials," his lawyers said.

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Some employees also allege no tax had ever been remitted to the taxation office and SACM had never provided payslips or PAYG summaries despite repeated requests.

"Simply put, we are instructed there is a culture of fear and that is the reason staff have not prepared to take action prior to this date," the lawyers said.

They said SACM's alleged "ongoing refusal for many years to respond to employees and to adhere to directives from overseas to pay staff their full entitlements have caused severe hardship and stress to all employees we have spoken to".

"It is our clients' submission that their employer shows wilful disregard for laws in this country," they said.

Outside of SACM. Picture: Elesa Kurtz

On its website, SACM states it has about 120 staff members and its mission also involves helping Saudi-sponsored students during their studies and living arrangements in Australia.

Court documents state the workers are seeking penalties against SACM to cover their legal and professional costs.

SACM and the Saudi Embassy have not responded to requests for comment and have not yet filed defence material to the court.

The case will come before the Federal Circuit and Family Court on January 24.

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