The Fair Work Ombudsman is conducting inspections of fast food outlets, restaurants and cafes in the Sunshine Coast as part of its ongoing campaign against underpayments.
Fair Work Inspectors are visiting 34 businesses to conduct on-site interviews with managers and employees in the popular food precincts, checking their records and pay slips, as well as any use of unpaid work, among other potential breaches. Investigations will continue long afterwards.
These businesses were selected for inspection based on prior non-compliance history, anonymous reports and/or employment of workers who are vulnerable to exploitation, such as visa holders. Most of the eateries are ‘cheap eats’ venues.
Fair Work Ombudsman Anna Booth said this round of inspections aims to assess whether Sunshine Coast employers in this sector have improved their compliance following the recovery of more than $220,000 for 447 underpaid workers during the last wave of inspections in the area in 2023.
“Inspectors are on the ground on the Sunshine Coast this week, revisiting several businesses that had previously been found non-compliant, while also checking businesses for which we have new intelligence,” Booth said. “Inspectors are back to hold employers to account if they are not following workplace laws, including due to any unpaid work.”
In addition, the FWO has teamed up with the Department of Home Affairs to inspect a number of sites, with Australian Border Force (ABF) officers from the Sponsor Monitoring Unit (SMU) providing employers with information about migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which came into effect in July last year to combat the exploitation of temporary migrant workers.
As part of the joint operation, ABF SMU officers will visit regional hospitality businesses to raise awareness of employer sponsorship obligations and the protections available to temporary migrant workers under the Migration Amendment Act.
The operation is focused on detecting, deterring and disrupting breaches of sponsorship obligations and the exploitation of sponsored workers, while also educating workers and employers as part of a broader SMU-led national initiative.
“Employers who fail to meet their sponsorship obligations or seek to exploit vulnerable workers can expect to face heavy penalties,” ABF SMU Superintendent Jason Boyd said. “These operations are a key part of our efforts to uphold the integrity of Australia’s skilled visa programs.”
The Australian Government has introduced the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to address migration-related barriers that can deter temporary migrants from reporting exploitation or seeking workplace justice. The Department of Home Affairs is administering both pilot programs.
Booth added that protecting vulnerable workers and improving compliance in the fast-food, restaurant, and cafe sector were priorities for the regulator.
“These inspections are part of a national Food Precincts Program where we’ve often found that low-cost dining comes at the expense of workers’ lawful wages,” she said. “This sector engages many young workers and visa holders who can be vulnerable, as they are often unaware of their workplace rights or unwilling to speak up. We won’t hesitate to take enforcement action if needed.”
Inspectors are also on alert for unlawfully low flat rates of pay; “off the books” employment arrangements; non-payment of penalty rates and overtime rates; inadequate or false record-keeping and pay slips; unpaid trials and more.
The FWO’s surprise inspections under the Food Precincts Program have also taken place in Brisbane, Cairns, Sydney, Melbourne, Perth, Canberra’s north, Queanbeyan in NSW, Newcastle, Adelaide, Darwin, Launceston, and Hobart.
During the last wave of inspections in 2023–24, the regulator recovered $5.6 million for more than 3000 underpaid fast food outlet, restaurant and cafe workers nationally.
