The Fair Work Ombudsman and Australian Border Force have carried out unannounced inspections of about 40 businesses across Victoria’s Mornington Peninsula, Phillip Island and Melbourne’s southern suburbs, targeting employers of migrant workers in hospitality and several other industries.
Most of the venues visited this week were fast food outlets, restaurants and cafés, with some inspections in hair and beauty, manufacturing, recreation and health. Fair Work inspectors examined time and wage records, including payslips, to test whether migrant staff were being paid correctly, and briefed employees on recent workplace law changes, including the right to disconnect for small business employees that took effect on 26 August.
The checks, which began on Tuesday, focused on employers of workers on subclass 482 temporary skills visas and subclass 494 regional employer-sponsored visas. With ‘chef’ among the top occupations for visa holders, and hospitality employing many migrants and young people, the sector remains a priority for the regulator.
“Workplace breaches that involve migrant workers can be particularly serious as these workers can be vulnerable to exploitation. We find they can be unaware of their workplace rights or unwilling to speak up if something seems wrong,” Ms Booth said.
“It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for their visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to contact us.
“Employers should access the free tools and resources on our website to ensure they’re meeting their obligations, or contact the FWO directly for free advice.”
Officers from the ABF’s Sponsor Monitoring Unit also visited businesses, providing information about new migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which has been in force since July 2024. The Department of Home Affairs is running the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot to reduce migration-related barriers that can deter temporary migrants from reporting exploitation or seeking redress.
“Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them,” Acting Commander Smith said.
“Our message is clear to employers: do the right thing and abide by your obligations. Don’t exploit vulnerable workers or abuse our visa regime — there is no excuse, and the consequences could be severe.
“It has never been easier for employers to do the right thing,” Acting Commander Smith said.
“They can easily check the work rights of prospective employees by using Home Affairs’ dedicated Visa Entitlement Verification Online system to ensure they do not inadvertently allow illegal work.
“The new laws make it a criminal offence for employers to use a person’s immigration status to exploit them in the workplace.”
Criminal penalties under migration law include up to two years’ jail and/or fines up to $118,800. The FWO also notes that intentional underpayment of employees can now be a criminal offence.
The FWO said its investigations are continuing following the site visits. The operation follows similar joint audits of food and other businesses by the two agencies around the country in recent months.
The regulator urged employers to use its pay calculator, Small Business Showcase and sector-specific interactive tools for fast food, restaurants and cafés, while visa holders can access tailored resources on workplace rights and entitlements. Employers and employees can also seek advice from their industry associations or unions.
