A Sydney tech firm is facing a fine of nearly $100,000 after alleging not paying an international student and later refusing an order to back-pay them.

The Fair Work Commission on Wednesday announced it had launched legal action against Enterprise CRM Solutions and its sole director and shareholder Ben Horin for allegedly failing to pay the wages of two workers who worked a combined nearly 170 hours.

One of the workers, a Spanish international student, is owed $4,385, while the other is owed $696, according to the Fair Work Commission (FWC).

Enterprise CRM Solutions provides IT consulting services across a range of areas, including data and systems support.

The two workers – who were employed on a casual basis – went to FWC for assistance.

One was a Spanish international student, who worked there at different times between December 2024 and April 2025.

No pay for 150 hours of work`

The FWC formed the view that the tech company had not paid these two workers wages for any of the work they had performed, then issued a Compliance Notice in February this year.

FWC has alleged the international student was not paid for just under 150 hours of work performed, while the other was not paid for 23.75 hours of work.

This was despite both workers being entitled to be paid minimum wages, including casual loading, under the Miscellaneous Award 2020, FWC found.

The tech company then failed to comply with the notice, which ordered it to calculate and back-pay the lost wages.

FWC is now seeking penalties in court of up to $99,000 for the company, and $19,800 for Horin, who the commission has alleged was involved in the contravention.

It is also seeking a court order requiring Enterprise CRM Solutions to comply with the notice and rectify any outstanding entitlements, plus superannuation and interest.

The case will be heard in the Federal Circuit and Family Court in late October.

Protecting workers on visas

Fair Work Ombudsman Anna Booth said the commission is committed to ensuring the work rights of international students are upheld.

“Where employers do not comply, we will take appropriate action to protect employees,” Booth said in a statement.

“Employers should be clear that, if a court finds a breach, they can face both penalties and orders for payments for the workers.

“Protecting visa holder workers is a priority for us. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”

According to a report from 2023, up to three-quarters of migrant workers in Australia are earning below the casual minimum wage.

The same report found that nine in 10 underpaid migrant workers took no action against their employers because of fears doing so could jeopardise their future in Australia.

Separate research released by the Australian Computer Society (ACS) in March 2023 found that one quarter of migrants skilled in tech felt discriminated against because of their migration status.

In early 2024 the federal government introduced new laws that could result in exploitative employers facing prison time and banned from being able to employ temporary new migrants.

Later that year, a new visa was launched to allow migrants to temporarily remain in Australia to pursue a workplace exploitation claim against an employer.

The workplace justice visa allows migrants and their families to stay in Australia for up to 12 months to make such a claim.