A Brisbane training college is facing court action after it was accused of ripping off a Brazilian migrant worker, forcing her to secretly hand back more than $23,000 of her own wages in an unlawful cash buyback scheme.

The Fair Work Ombudsman has launched proceedings in the Federal Circuit and Family Court of Australia against the Warwick Institute of Australia which operates campuses in Sydney and Brisbane offering courses in business, IT and real estate.

Lawyers representing Institute director Charles Shiao and Xiaowen 'Eva' Xu, a former finance manager within the Times Education Group, said they will be 'actively defending' the court proceedings brought against them. 

The regulator claims while the Brazilian national was employed as a marketing officer at the institute's Brisbane CBD campus between July 2019 and February 2022 she was forced to make a series of cash repayments to her employer.

It is alleged the training college initially employed the worker as a marketing officer on a casual basis for about seven months before engaging her full-time under a subclass 482 Temporary Skills Shortage visa.

The Department of Home Affairs granted Warwick Institute permission to sponsor the worker, with conditions including the company pay her an annual salary of $65,000. 

It is alleged shortly after securing the visa, the worker paid $6,796 in cash to Mr Shiao in February 2020, purportedly to cover sponsorship-related costs.

The FWO alleges further cash payments totalling at least $16,569 were made to the Warwick Institute over the course of her employment.

It is alleged Ms Xu and Mr Shiao were involved in the cashback scheme, on behalf of Warwick Institute, including communicating to the worker the requirement to make the cashback payments.

Fair Work Ombudsman Anna Booth said the alleged treatment of the migrant worker was serious conduct that would not be tolerated.

'Unlawful cashback schemes are some of the most blatant, and can be some of the most appalling, forms of worker exploitation,' she said.

'In this case, we allege the worker was required to pay back more than $23,000 of her own money, including $16,569 from wages that she should have been able to keep.

'Employers need to be aware that taking action to protect potentially vulnerable workers, including visa holders, is among the Fair Work Ombudsman's top priorities.

'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.'

The company faces penalties of up to $66,600 per contravention and Mr Shiao and Ms Xu face penalties of up to $6,600 per contravention.   

The Fair Work Ombudsman is also seeking a court order requiring the company to return the cashback payments to the worker plus interest.

The Fair Work Ombudsman investigated after the worker lodged a request for assistance. 

Breaches of pay slip laws are also alleged.

A directions hearing is scheduled in the Federal Circuit and Family Court in Sydney for 10 June 2026.