Melbourne eateries checked for underpayments
The Fair Work Ombudsman is making surprise inspections of restaurants, cafés and fast food outlets in Melbourne’s inner west this week to ensure workers are being paid correctly.
About 30 businesses are being inspected in Footscray, West Footscray, Seddon, Yarraville, Newport and Williamstown.
Fair Work Inspectors are in the popular dining districts to assess compliance with workplace laws by speaking with business owners, managers and employees and requesting records.
The regulator is acting after receiving intelligence, including enquiries and anonymous reports, indicating potential breaches of workplace laws by businesses in the areas.
Fair Work Ombudsman Sandra Parker said the inspections are part of a national food precincts program and would include a focus on employers of visa holders.
“We’re targeting employers that sponsor visa holders as these workers can be vulnerable to exploitation because of their dependence on their employer and limited understanding of their rights.”
“All employees have the same basic workplace entitlements, regardless of nationality and visa status. Protecting vulnerable employees such as visa holders and improving compliance in the fast food, restaurant and café sector are ongoing priorities for the Fair Work Ombudsman,” Ms Parker said.
“If our inspectors find breaches of workplace laws, we will hold employers to account and consider enforcement action where appropriate. Any workers with concerns about their pay should contact us.”
Inspectors are on alert for unlawfully low rates of pay; flat rates; ‘off the books’ employment arrangements; false or inaccurate records; unreasonable unpaid trials; adverse action such as threats or reduced hours for raising concerns about entitlements; inadequate breaks and more.
This week’s surprise inspections are part of a national program that has previously targeted food precincts in inner south Melbourne, Brisbane, Sydney, Adelaide and Perth, Darwin, Launceston and the Gold Coast.
The FWO this week released its findings of inspections targeting food precincts in Darwin, with $393,453 in underpayments recovered for 479 workers.
Fast food, restaurant and café matters accounted for 36 per cent of the Fair Work Ombudsman’s new litigations in 2020-21. The FWO secured court-ordered penalties of $1,841,347 from litigation decisions in this sector. Visa holder workers were involved in 32 per cent of all litigations that year.
The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders can ask for our help without fear of their visa being cancelled for breaches of their work-related visa conditions. The FWO has free information and resources for visa holder workers.
The FWO also has targeted interactive tools to help employers and employees in the fast food, restaurant and café industry, as well as for any franchisees. Employers can also use FWO’s pay calculator and Small Business Showcase.
Call the Fair Work Infoline on 13 13 94 or a free interpreter service on 13 14 50. Know a workplace not doing the right thing but don’t want to get involved? Report it anonymously – in your language.
