The Fair Work Ombudsman is conducting surprise inspections of 45 food outlets in Sydney, Brisbane, Canberra and Cairns this week, focusing on checking records and payslips.
Fair Work Inspectors are checking time and wage records, and employee payslips, in fast food outlets, restaurants and cafés in "cheap eats" havens of these cities.
Inspectors will also make enquiries to ensure wages and entitlements are being paid correctly.
The Fair Work Ombudsman, Anna Booth, said record-keeping is the bedrock of compliance with the Fair Work Act.
"Accurate records and payslips are a crucial 'bedrock' for ensuring employers are paying their employees lawfully for all hours worked. We're checking food outlets to ensure employers are meeting their legal obligation to prepare accurate records and payslips," Ms Booth said.
"Missing, incorrect or poorly maintained records and payslips are often an indicator of wage underpayments.
"We are focusing here on the fast food, restaurants and cafés sector because it has a history of high levels of non-compliance and employs large numbers of young people and migrant workers, who we've found are more likely to be unaware of their workplace rights or unwilling to speak up if something seems wrong.
"Employers who do not meet their record-keeping and payslip obligations can be fined. Inspectors can also issue Compliance Notices requiring them to backpay wages if we believe that employees have been underpaid."
Businesses were selected for inspections based on factors such as anonymous reports and enquiries to the FWO, and for some a history of non-compliance.
Speaking generally, common record-keeping issues that lead to fines include not issuing payslips or missing payslip content; not keeping particular time and wage records (such as casual hours, overtime and leave); and making false or misleading records.
Employers are reminded that record-keeping obligations continue to apply for all salaried employees.
The FWO's investigations continue after the site visits in Sydney, Brisbane, Canberra and Cairns this week.
In 2023-24, the Fair Work Ombudsman issued 760 Infringement Notices nationally for record-keeping and pay slip breaches, with employers paying nearly $987,000 in fines.
Infringement Notices can currently involve a fine of up to $1,980 per contravention for an individual and $9,900 per contravention for a company.
Compliance Notices in the fast food, restaurants and cafés sector accounted for 25 per cent of all Compliance Notices issued by the FWO in 2023-24. The regulator recovered $5.6 million for 3,056 underpaid workers in the sector.
During their visits, Fair Work Inspectors provide information to employers about their record-keeping responsibilities and the resources available to them through the FWO.
For example, inspectors remind employers they must provide each new employee the Fair Work Information Statement before or as soon as possible after the employee starts work, and casual employees must be given the Casual Employee Information Statement.
The FWO offers pay slip and record-keeping templates to help employers get record-keeping right in our website's Small Business Showcase, which has an array of tailored resources for small business employers. There is an online course for employers specifically about record-keeping and pay slips and small businesses can audit their own compliance with their obligations with this checklist.
The FWO also has an Employer Advisory Service which provides small business employers with free, tailored advice on employee pay and entitlements.
Employees can keep track of their hours worked through the Record My Hours app.
The FWO has alleged record-keeping contraventions in several recent litigations against employers in the fast food, restaurants and cafés sector.
In August last year, the FWO secured record penalties of $15.3 million against the former operators of Sushi Bay outlets in NSW, Canberra and Darwin, who deliberately underpaid workers, many of whom were migrants, and falsified records to try to cover it up.
In April, the FWO commenced legal action against the operators of the P'Nut Street Noodles chain in Sydney, Brisbane and the Sunshine Coast, alleging a near $1 million underpayment of 118 workers, the majority of whom were visa holders. The regulator also alleges Sabcha Pty Ltd provided false or misleading time and wages records and pay slips to Fair Work Inspectors. The case remains ongoing.
