The Fair Work Ombudsman (FWO) has conducted surprise inspections at about 35 hospitality businesses in Adelaide’s west.
Inspectors last week knocked on the door of fast food outlets, restaurants, and cafes in Alberton, Henley Beach, Grange, Croydon Park, Woodville, Semaphore, and West Lakes, to ensure workers are getting the right pay and entitlements.
The inspectors interviewed managers and employees on-site in popular food precincts, focusing on checking records and pay slips, as well as rates of pay, and any use of unpaid work. Most of the sites are “cheap eats” venues.
During FWO visits in September 2023, investigators found that 79 per cent of food businesses audited in Adelaide were non-compliant with workplace laws, and the regulator recovered more than $310,000 for 370 employees. The FWO says investigations will continue long after these inspections.
Businesses were selected for inspection based on differing factors, including for prior non-compliance history, anonymous reports received by the FWO, and employment of workers that are vulnerable to exploitation, such as young people and visa holders. Others were randomly selected.
Fair Work Ombudsman Anna Booth says inspectors are holding employers to account if they are not following workplace laws, including due to any unpaid or underpaid work.
She says protecting vulnerable workers and improving compliance were priorities for the regulator.
“These inspections are part of a national Food Precincts Program where we’ve often found that low-cost dining comes at the expense of workers’ lawful wages,” says Booth.
“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. We won’t hesitate to take enforcement action if needed.”
She says they urge workers with concerns about wages and entitlements to reach out, which they can do so anonymously if preferred.
Inspectors are also on alert for unlawfully low flat rates of pay; “off the books” employment arrangements; inadequate or missed breaks; non-payment of penalty rates and overtime rates; inadequate or false record-keeping and pay slips; and any cashback schemes, in which employees are made to unlawfully pay back some of their wages.
The FWO’s surprise inspections under the Food Precincts Program have also taken place in Melbourne, Hobart, Brisbane, the Sunshine Coast, Perth, and others.
The regulator recovered $5.6 million for more than 3000 underpaid fast food outlet, restaurant and café workers across the country in 2023-24.
The FWO has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
Photography provided by Pexels.
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Maia Hart
