FWO inspects food sector employers with Home Affairs
The Fair Work Ombudsman (FWO) and Department of Home Affairs compliance officers have inspected food sector employers who engage migrant workers in Brisbane this week.
Fair Work Inspectors made surprise visits to about 40 businesses, checking the time and wage records to ensure workers are being paid correctly while also running a close eye over pay slips and other important records.
The focus has been on employers of sponsored visa holders under the Temporary Skill Shortage (subclass 482) visa program who operate in the fast food, restaurants and cafes sector in more than 20 suburbs across Brisbane, including the CBD.
In Australia, chef is one of the top occupations held by sponsored visa holders.
Fair Work Inspectors spoke with business owners, managers and employees on the ground, and requested records. They also provided advice and education on compliance matters.
Home Affairs Sponsor Monitoring Unit (SMU) officers supported FWO in a joint, highly visible demonstration that Australia will not tolerate abuse of migrant workers or any visa regimes.
They provided on-site education about migrant worker protections and the Migration Amendment (Strengthening Employer Compliance) Act 2023 (SEC Act), which came into effect in July this year to combat the exploitation of temporary migrant workers.
Acting Fair Work Ombudsman Michael Campbell said the workplace regulator continues to prioritise the protection of vulnerable workers such as visa holders, who are heavily represented in the food sector.
“Fair Work Inspectors together with Home Affairs SMU officers have been on the ground in Brisbane this week holding employers to account,” Mr Campbell said.
“We consider workplace breaches that involve migrant workers to be particularly serious as they can be vulnerable to exploitation. We find they are often unaware of their workplace rights or unwilling to speak up if something seems wrong.
“It is crucial migrant workers know that they have the same workplace rights as all other workers. We urge workers with concerns about wages and entitlements to reach out to us.”
Mr Campbell noted that the fast food, restaurants and cafes sector remained a priority area for the FWO and urged employers to prioritise compliance.
“Employers should access our free tools and resources to ensure they’re meeting their obligations, or contact the FWO directly for free advice.”
Home Affairs Assistant Commissioner, Immigration Compliance Operations, Sandra Jeffery, said these joint activities are part of Australia’s commitment to protect migrant workers.
“Migrant workers play a key role in our economy and there is no place for employers who exploit them. Our message is clear: do the right thing and abide by your obligations. Don’t exploit vulnerable workers or abuse our visa regime — the consequences could be severe,” AC Jeffery said.
The FWO’s investigations continue after the concluded site visits. The inspections are part of a national program of audits this year by the Fair Work Ombudsman testing approved sponsor employers for compliance with the Fair Work Act, and as part of ongoing joint operational work with Home Affairs.
Anyone who suspects or has information on the possible exploitation of migrant workers can make an anonymous report to Border Watch.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50, and information can also be provided to the FWO anonymously, including in 16 languages other than English.
The FWO has resources for visa holder workers. The FWO also has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees. Employers can also use the FWO’s pay calculator and Small Business Showcase. Employees can also seek information from their employer or their union, if they are a member.
More information on changes under the 1 July SEC Act can be found at Migrant worker protections (homeaffairs.gov.au).
Fair Work Ombudsman, 18th October 2024
