James-Anthony Consiglio was underpaid while working as a chef.

James-Anthony Consiglio was underpaid while working as a chef.Credit:Luis Enrique Ascui

Jo-anne Schofield,the president of Hospo Voice's parent,the United Workers Union,said NSW was worse than Victoria and the state government should criminalise wage theft.

"[Sydney] is ground zero for wage theft,"Ms Schofield said."But the NSW government keeps burying its head in the sand on this issue."

James-Anthony Consiglio,a part-time union organiser,was underpaid $21,000 while working as a private chef on high-end harbour cruises in Sydney and in north Queensland between 2018 and 2019.

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Mr Consiglio worked 10 and 14-hour days,sometimes seven days a week but was being paid for much less. He recovered the money earlier this year through a settlement with his former employer,who he declined to name for legal reasons.

"It was extremely frustrating but it was also a mental toll on me,"Mr Consiglio said."The money's one thing,but it drove me to an overdose. Working ridiculous hours and then being treated like shit."

Wage theft is already unlawful federally but the penalties are fines rather than the jail time employers face in Victoria. The federal government is negotiating with unions and employers about criminalising wage theft nationally and Attorney-General Christian Porter has criticised state processes as confusing and"a waste of public money".

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Restaurant and Catering Association chief executive Wes Lambert said criminalising wage theft at a state level would make industrial laws more complex and conflict with the federal process.

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"These matters are clearly within the purview of the federal government,"Mr Lambert said. Lawyers have raised concerns the Victorian law may be unconstitutional law andresult in the same offences being pursued twice by separate watchdogs.

Restaurants includingDinner by Heston,some in theRockpool Dining Group andGeorge Calombaris' MAdE Establishment have been caught underpaying their staff.

Hospo Voice is introducing its Fair Plate site to NSW,which lets workers report mistreatment at work. It has received complaints of sexual harassment,missing super as well as underpayment.

An online national Hospo Voice survey of 1140 workers found 83 per cent had experienced wage theft.

The NSW government has been contacted for comment.

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