Former rental company directors face $133k fines after alleged cashback scheme

The Fair Work Commission has launched legal action against Geng Xu and Jayce Richardson, former directors and part-owners of Ezytenant Pty Ltd, for their alleged involvement in the matter.

The Adelaide company, now liquidated and deregistered, operated the website www.ezytenant.com.au, providing real estate rental advertising and management services for renters and agents.

Chen Sun, a former employee who performed bookkeeping duties for the company, is also facing court.

Fair Work’s allegations relate to the treatment of a Chinese national employed as a marketing specialist at Ezytenant between January and July 2020.

It is alleged that the worker, who was on a temporary graduate visa at the time, and aged in his 20s, was required to repay his whole after-tax wages for the final 15 weeks of his employment.

According to the regulator, the worker was reportedly required to withdraw his weekly wages in cash and pay them to Xu or Richardson.

It is claimed that the worker was told he needed to repay the cash to assist Ezytenant with financial difficulties, or his employment would be terminated.

He was purportedly required to repay $10,702 in total between April and July, 2020, and was threatened with litigation if he did not withdraw a request for assistance he had made to Fair Work.

In addition, Sun was reportedly involved in issuing the worker with false and misleading pay slips during his employment, giving the impression he was being paid lawfully.

The regulator alleged that the scheme was a serious contravention under the Protecting Vulnerable Workers laws, as it was committed knowingly and systematically over multiple pay periods.

It said that serious contraventions attracted a tenfold increase in available maximum penalties.

For the alleged cashback scheme, Xu, Richardson and Sun each face a penalty of up to $133,200, if it is found to be a serious contravention or up to $13,320 otherwise.

For the alleged pay slip contravention, Sun faces an additional penalty of up to $13,320.

Fair Work is also seeking compensation orders against Xu and Richardson, who allegedly received the cash payments from the worker, as none of the alleged cashback amount has been rectified.

A directions hearing is scheduled in the Federal Circuit and Family Court in Adelaide for 12 March 2026.

Fair Work Ombudsman Anna Booth said the alleged cashback scheme was serious conduct, as a vulnerable migrant worker was being deprived of their entitlements.

According to Booth, employers needed to be aware that Fair Work is prioritising the protection of potentially vulnerable workers, including visa holders.

“All employees in Australia are entitled to receive – and keep – the minimum lawful entitlements that apply to their employment position, regardless of their visa status,” she said.

“We urge visa holders and other employees with concerns about their pay or entitlements to contact the Fair Work Ombudsman for free advice and assistance,” Booth concluded.