2 December 2022

Thousands of anonymous tip-offs about potentially unlawful workplace practices are helping the Fair Work Ombudsman (FWO) hold employers to account.

The FWO has received more than 90,000 anonymous tip-offs since it launched its Anonymous Report tool in 2016, with almost 13,000 in 2021-22.

The intelligence contributes to the shaping of the regulator’s compliance activities and creation of education resources.

Anyone can make a tip-off. In addition to tip-offs from members of the public, anonymous reporting provides an option for vulnerable workers to raise issues with the FWO while choosing not to identify themselves.

This includes options to provide anonymous reports directly in 16 languages other than English. In 2021-22, reports in Simplified Chinese, Korean, Traditional Chinese, Japanese and Vietnamese were the most common after English.

Fair Work Ombudsman Sandra Parker said tip-offs provided valuable intelligence.

“The Fair Work Ombudsman uses intelligence from tip-offs to help gain insight into Australian workplaces, shape our education materials and inform compliance activities,” Ms Parker said.

“They are a vital tool in helping us to monitor for workplace breaches and take targeted action where needed.”

“We encourage anyone – worker, manager, family member or member of the public – to use our Anonymous Report tool to share concerns.”

Tip-offs lead to court action

In one matter, the FWO received multiple reports about a cupcake business underpaying staff. The FWO later included this business in a targeted food precincts campaign to check compliance with workplace laws. The anonymous reports said that the employees were being paid unlawfully low rates of $10 to $16 per hour, did not receive penalty rates and weren’t given pay slips.

This investigation resulted in FWO taking legal action, with the court ordering total penalties of nearly $50,000 against the business and one of its directors. Some of the underpaid employees were juniors under age 21, and most were visa holders.

In another matter, the FWO received reports from various employees of a newly established café chain that alleged underpayment of wages. The anonymous tip-offs each included an Australian Business Number (ABN) and business owner name, which helped FWO determine that workers from different café locations were all reporting underpayments.

The FWO commenced a number of investigations and ultimately took legal action against two businesses within the café chain. This included action against the brand owner and a company of which he was director. In that matter, the court ordered total penalties of $170,000, with a penalty of $130,000 imposed on the company and $40,000 on the company director.

2021-22

In 2021-22, most anonymous tip-offs came from the hospitality industry (which includes fast food, restaurant and café outlets), retail industry and health support services industry.

The most common issues reported were working excessive hours without compensation, workers being paid ‘cash in hand’, or workers being paid less than an industry award or the National Minimum Wage.

Make an anonymous tip-off – and what to include

Anonymous tip-offs to the FWO can be made in English or one of 16 other languages at www.fairwork.gov.au/tipoff.

When sending an anonymous tip-off, the FWO recommends you include, where possible:

• the relevant business’ Australian Business Number (ABN) – a unique 11 digit number which should be displayed on pay slips
• workplace address – including where the work is being performed and not just any head office
• franchise status – for example, if the business is part of a franchise
• industry – such as if the business is in the hospitality or retail industry
• employee information – for example, if employees are casuals or permanent.

The FWO welcomes all tip-offs relating to concerns of wages and entitlements breaches. Including more specific information helps ensure the FWO can use your tip-off the most effectively.

Contacting the FWO for help

Employers or employees that need direct help with pay or entitlements issues and can provide their details should contact the FWO online or via phone.

Employers and employees can visit www.fairwork.gov.au, including My Account, 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 on what are ordinary hours of work, reasonable extra hours and when overtime rates apply can be found at Hours of work. Information on the requirement to provide written pay slips can be found at Pay slips.