A HUMBLE, underpaid Chinese chef could bring about the demise of Melbourne's traditional cut-price dumplings that sell for as little as $6.50 a plate.

The migrant worked long and hard making dumplings in Chinatown, but a court has found he was underpaid $200,000 and ordered the restaurant to pay up.



The record ruling has restaurant owners and Melbourne foodies alike shaking at the prospect of price hikes for favoured Asian delicacies to cover increased labour costs.

Industry sources fear one man's battle for fair wages could lead to several claims against restaurants where migrant workers are employed, forcing up prices or closing businesses.

Chang Chang was a successful mainland China chef when his cousin organised a sponsored work visa for him to work in Australia.

He made millions of delicacies over three years at the Camy Shanghai Dumpling and Noodle Restaurant, where queues of patrons wait outside the modest two-storey venue for some of Melbourne's cheapest dumplings at $6.50 a plate.

Mr Chang worked 13-hour days from 9.30am-10.30pm with only five-minute breaks, which had to be approved by the boss, for $100 a day.



He worked six days a week and his only holiday was Christmas Day, according to Federal Magistrate Grant Riethmuller. "It is clear that the patrons attended for the quality of the Shanghai dumpling-style cooking rather than the ambience of the premises," Mr Riethmuller said.

Mr Chang feared if he lost his job his visa would be cancelled and he took action only after he had permanent Australian residency, the magistrate said.

The court found that Mr Chang had been underpaid from December 2004 to January 2008.

Mr Riethmuller ordered restaurant owners Min-Seng Zheng and Rui Zhi Fu to pay $172,677 in unpaid overtime and penalty rates, and $25,000 of superannuation. Their lawyer, Alex Lewenberg, said the owners planned to appeal.

The Fair Work Ombudsman had previously found Mr Chang was owed $14,000 in unpaid annual leave, which had now been paid.

"The Ombudsman provided significant assistance to the applicant in this case, including many hours of consultation with him during the course of the investigation and in preparing and providing relevant documents for the court case," a spokesman said.



They conducted campaigns in industries with high levels of migrant workers, he said.

The president of the Chinese Restaurateurs Association of Victoria, Danny Doon, said the association members were always advised to pay award rates.

hewitts@heraldsun.com.au