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Surprise visit: inspectors are 'back to hold employers to account' at holiday hotspot

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Fair work inspectors have returned to bustling food precincts at a tourism hub to check for underpayments.

They are examining fast food outlets, restaurants and cafes at Noosa Heads, Noosaville and Tewantin.

They are visiting 34 businesses to interview managers and employees, and are focused on checking records and pay slips, as well as any use of unpaid work, among other possible breaches.

Investigations were expected to continue after the visits.

Fair Work ombudsman Anna Booth said the inspections aimed to assess whether employers in the sector in the area have improved their compliance since 2023.

Inspections then resulted in more than $220,000 recovered for 447 underpaid workers.

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“Inspectors are on the ground this week, revisiting several businesses that had previously been found non-compliant, while also checking businesses for which we have new intelligence,” Ms Booth said.

“Inspectors are back to hold employers to account if they are not following workplace laws, including due to any unpaid work.”

Businesses were selected for inspection based on prior non-compliance history, anonymous reports and/or employment of workers that are vulnerable to exploitation, such as visa holders. Most of the eateries are ‘cheap eats’ venues.

Investigations of eateries are expected to continue after this week. Picture: Shutterstock.

The regulator has also teamed up with the Department of Home Affairs to inspect a number of sites, with Australian Border Force (ABF) officers from the Sponsor Monitoring Unit (SMU) providing employers with information about migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which came into effect last July to combat the exploitation of temporary migrant workers.

As part of the joint operation, ABF SMU officers are visiting businesses to raise awareness of employer sponsorship obligations and the protections available to temporary migrant workers under the Migration Amendment Act.

ABF SMU superintendent Jason Boyd said the operation was focused on detecting, deterring and disrupting breaches of sponsorship obligations and the exploitation of sponsored workers, while also educating workers and employers as part of a broader SMU-led national initiative.

“Employers who fail to meet their sponsorship obligations or seek to exploit vulnerable workers can expect to face heavy penalties,” he said.

“These operations are a key part of our efforts to uphold the integrity of Australia’s skilled visa programs.”

The Australian Government has introduced the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to address migration-related barriers that can deter temporary migrants from reporting exploitation or seeking workplace justice. The Department of Home Affairs is administering both pilot programs.

Ms Booth said protecting vulnerable workers and improving compliance in the fast food, restaurants and cafes sector 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,” she said.

Efforts are being made to ensure hospitality workers are suitably paid. Picture: Shutterstock.

“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.

“We urge workers with concerns about wages and entitlements to reach out to us – including anonymously if preferred. It is crucial visa holders know that they have the same workplace rights as all other workers.

“Employers should access our free tools and resources to ensure they’re meeting their obligations, or contact us directly for free advice.”

She said inspectors were also on alert for unlawfully low flat rates of pay, ‘off the books’ employment arrangements, non-payment of penalty rates and overtime rates, inadequate or false record-keeping and pay slips, and unpaid trials.

The FWO’s surprise inspections under the Food Precincts Program have also taken place in state and territory capitals and major regional cities.

In 2023-24, the regulator recovered $5.6 million for more than 3000 underpaid fast food outlet, restaurant and café workers nationally.

Employers and employees can visit fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.

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