4 July 2024

The Fair Work Ombudsman has recovered $223,107 for 447 underpaid food outlet employees on the Sunshine Coast, following surprise inspections.

Fair Work inspectors investigated 21 businesses in the Sunshine Coast’s fast food, restaurant and café sector, a mix of ‘high-end’ restaurants and ‘cheap eats’ venues. The inspections were prompted by intelligence from a range of sources, including anonymous reports.

The inspected food outlets are in the Noosa Shire food precincts across the suburbs of Noosa Heads, Sunrise Beach and Noosaville.

Of 19 investigations finalised, the FWO found workplace law breaches in 68 per cent of food outlets (13 businesses).

The most common breach was underpayment of or failure to pay various types of penalty rates (14 businesses), followed by failure to pay correct minimum wages for ordinary hours (11 businesses), overtime (six businesses) and leave (six businesses), and record-keeping breaches (five businesses).

Fair Work Ombudsman Anna Booth said improving compliance in the fast food, restaurant and café sector was an ongoing priority for the regulator.

“These disappointing Sunshine Coast findings 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,” Ms Booth said.

“Employers must follow all wage laws, including penalty rates which generally serve as compensation for those working at times when most people are not. Those doing the wrong thing are being found out and held to account.

“Employers should access our wide range of free online tools and resources to ensure they’re meeting their obligations, or contact the FWO directly for free advice. We want to help businesses in the food sector get it right in the first place.

“We also urge workers with concerns about wages and entitlements to reach out to us - including anonymously if preferred.”

The highest amount recovered from any one business was $105,137 for 99 employees, mostly casual wait staff and kitchen staff and a mix of adults and juniors who were underpaid their overtime hours and penalty rates.

Following investigations, the FWO issued 14 Compliance Notices, which resulted in the recoveries of $223,107 for 447 workers.

Five Infringement Notices for payslip and record-keeping breaches resulted in $26,650 in fines paid. One business remains under investigation.

The national program of audits has previously targeted eateries in locations such as Melbourne, Brisbane, Sydney, Adelaide, Hobart, Launceston, Darwin, the Gold Coast, Perth Newcastle and Canberra.

In 2022-23, FWO secured more than $800,000 in court-ordered penalties against food sector employers.

The FWO has interactive tools to help employers and employees in the fast food, restaurant and café sector, and for any franchisees. Employers can also use FWO’s pay calculator and Small Business Showcase.

The FWO also has resources for visa holder workers – who have the same workplace rights as any other workers.

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.

Issues can be reported online anonymously, including in languages other than English. Employees can also seek information from their union, if they are a member, or from their employer.