The Fair Work Ombudsman (FWO) and the Department of Home Affairs made surprise inspections to 40 Sydney businesses that employ migrant workers last week.
FWO inspectors checked time and wage records to ensure that vulnerable migrant workers were being paid their correct wages and entitlements, and that records were compliant with the Fair Work Act.
Businesses contravening the laws can face criminal penalties including two years jail and/or fines of up to $118,800.
The businesses, which were mostly in the food sector, included fast-food outlets, restaurants, and cafes. Venues were spread across Sydney suburbs including Circular Quay, Darling Harbour, Barangaroo South, Haymarket, Walsh Bay, The Rocks, Surry Hills, Alexandria, Eastern Creek, Narrabeen, Crows Nest, Chester Hill, and Chullora.
Chefs are among the top occupations for sponsored visa holders in Australia. Of the 35,000 employer sponsored places delivered in 2022–23, chefs made up 7.3 per cent.
The operation aims to ensure visa holders are not subject to exploitation, are working in nominated positions, and are not working excessive hours or with unsafe work practices.
Fair Work Ombudsman Anna Booth said the Sydney inspections were a part of an ongoing program to assess whether approved sponsors of temporary migrant workers were complying with regulations.
“Fair Work Inspectors together with Home Affairs officers have been on the ground in Sydney this week holding employers to account,” said Booth.
“Workplace breaches that involve migrant workers may 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.”
“Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them,” said Home Affairs Commander Field Operations and Sponsor Monitoring Ben Biddington.
“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.”
The inspections follow similar audits of food businesses in Brisbane and Melbourne in October.
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. Information can also be provided to the FWO anonymously, including in 16 languages other than English. Workers on visas can also access free resources from FWO.
Laura Box
