The Fair Work Ombudsman and Australian Border Force officers have conducted surprise inspections of about 40 Sydney businesses employing migrant workers this week, targeting fast food, restaurants and cafés, as well as hair and beauty and health services across Blacktown, Cabramatta, Chatswood, the Hills District, Hurstville and Parramatta.
Inspectors began visiting sites on Tuesday, scrutinising time and wage records and payslips to check whether workers are being paid correctly, and reviewing recent job advertisements for compliance with the Fair Work Act. They also assessed whether any previous breaches had been remedied and briefed employees on recent changes to workplace laws, including the right to disconnect that took effect for small business employees last month.
The on-the-ground checks focused on employers of sponsored visa holders under the Temporary Skill Shortage (subclass 482) visa, a cohort that includes large numbers of chefs. Officers from the ABF’s Sponsor Monitoring Unit provided employers with information on migrant worker protections introduced under the Migration Amendment (Strengthening Employer Compliance) Act, which came into force in July last year, and verified that sponsored workers were in their nominated roles and receiving the same conditions as Australian citizens.
Fair Work Ombudsman Anna Booth said the Sydney inspections form part of a continuing national programme auditing approved sponsors of temporary migrant workers. “Fair Work Inspectors together with ABF officers have been on the ground in suburban Sydney this week holding employers to account,” Ms Booth said.
“Workplace breaches that involve migrant workers can be particularly serious as these workers 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 visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us.”
Ms Booth said fast food, restaurants and cafés remain a priority for the regulator and urged businesses to take advantage of the agency’s free tools and advice to ensure compliance.
ABF Commander Field Operations and Sponsor Monitoring, John Taylor, said the joint activity underscored the government’s stance on migrant worker abuse. “Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them,” Commander Taylor 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,” Commander Taylor said.
“They are able to 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 for breaches under migration laws include up to two years’ jail and/or fines of up to $118,800.
The Department of Home Affairs is also running the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to lower migration-related barriers that deter temporary migrants from reporting exploitation or seeking redress.
The inspections follow similar audits of food businesses in Melbourne in February, Sydney’s CBD in November last year and Brisbane in October last year. The FWO said its investigations in Sydney are continuing.
