The Fair Work Ombudsman has uncovered high non-compliance rates in Western Sydney workplaces, reinforcing the importance of ensuring that Australia’s culturally and linguistically diverse communities have ready access to workplace information and advice.
Results of its proactive education and compliance campaign in the region revealed that almost two-thirds (64 per cent) of the 197 businesses audited by the Fair Work Ombudsman during the campaign were found to be non-compliant with workplace laws.
The campaign led to a total of $369,324 in unpaid wages and entitlements being recovered for 199 workers. 64 per cent of businesses were compliant with record-keeping and payslip requirements, while just 58 per cent were paying their employees correctly.
The campaign was initiated following an increase in the number of requests for assistance received from some parts of the region in previous years. As part of the campaign, Fair Work inspectors conducted site visits, especially in some suburbs, in response to intelligence received by the agency. These suburbs are also home to a higher than average proportion of migrants.
Acknowledging that new arrivals to Australia may have a limited awareness of Australian workplace laws, it was considered that businesses in the region would benefit from tailored support and education from the Fair Work Ombudsman.
Fair Work Ombudsman Natalie James said the non-compliance rates uncovered by the campaign are highly concerning and cannot be tolerated.
“Where possible, we seek to educate employers and employees about their workplace rights and obligations and equip them with the tools and information they need to ensure they are complying with the law.”
“This area has a large proportion of people from culturally and linguistically diverse backgrounds, who can find it more challenging to navigate that information or even know where to find it in the first place,” James said. “When combined with a lack of familiarity with workplace laws, language barriers can present significant difficulties to employers seeking to understand and comply with their obligations.”
Overall, Fair Work inspectors issued 26 formal cautions, 20 infringement notices (on-the-spot fines) and 11 compliance notices to non-compliant businesses during the course of the campaign. In one matter, a restaurant business was found to be paying its casual employees under an old award, resulting in a total underpayment of $10,444 to three employees. Fair Work inspectors issued the employer with a compliance notice, and the employees were fully back-paid in accordance with the notice.
James said that non-compliant businesses were now on notice that future breaches could result in serious enforcement action. “We are happy to work with businesses who require advice and support to meet their workplace obligations, and we will continue our work to ensure our materials are easily accessible to those that need them,” Ms James added.
