The Fair Work Ombudsman (FWO) has conducted a series of surprise inspections in Sydney’s Inner West, which took place last week.
The blitz targeted 20 restaurants, cafes, and fast-food outlets in Newtown and Enmore to ensure staff were receiving the correct pay and entitlements.
“Inspectors [were] on the ground in one of Sydney’s hospitality hubs speaking with employees and holding employers to account if they are not following workplace laws, including due to any unpaid work,” said Fair Work Ombudsman Anna Booth.
Fair Work inspected the businesses based on prior non-compliance history, anonymous reports, and/or employment of workers that are vulnerable to exploitation, such as young people and visa holders. Most of the businesses are “cheap eat” venues.
Booth said the agency’s messaging is clear: if employees are at work, they must be paid. The law applies even if employers ask staff to come in before a shift to get the premises ready, to stay back after close, or to come in for a meeting on a day off.
“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,” said Booth. “We won’t hesitate to take enforcement action if needed.”
Inspectors noted unlawfully low and flat rates of pay, off the books employment, inadequate or missed breaks, underpayment or non-payment of penalty and overtime, false or poor record keeping, and cashback schemes – scenarios where employees are unlawfully made to pay back money to the business.
After similar investigations in 2018, the FWO found 74 per cent of inspected food businesses in Newtown were non-compliant and recovered over $80,000 for 286 employees. The regulator has recently conducted similar inspections in Melbourne, Hobart, and Sydney CBD.
Booth urged concerned workers to reach out to the FWO, even anonymously.
Employers can use the FWO’s pay calculator and Small Business Showcase. Small businesses can also self-assess their compliance with this checklist. There are also resources for visa holders – who have the same workplace rights as all other employees – and young workers.
Know a workplace not doing the right thing but don’t want to get involved? Report it anonymously.
Photo by J Bar.
Laura Box
