The Fair Work Ombudsman and Australian Border Force have conducted snap inspections of around 40 businesses this week in Victoria's Mornington Peninsula, Phillip Island, and southern Melbourne suburbs, including Clayton, Dandenong and Frankston.
Most businesses inspected were in the fast food, restaurants and cafés sector, with some businesses in the hair and beauty, manufacturing, recreation, and health sectors also under the spotlight. All businesses being inspected employ migrant workers.
Fair Work Inspectors have been checking time and wage records, including pay slips, to ensure that migrant workers are being paid correctly.
The FWO's Inspectors are also educating employees on recent changes to workplace laws, such as the right to disconnect, which took effect for small business employees on 26 August.
The inspections, which began on Tuesday this week, have targeted employers of migrant workers with subclass 482 visas, a temporary visa for workers with skills in demand, and subclass 494 visas, a visa which enables regional employers to address labour shortages by sponsoring skilled migrants.
In Australia, 'chef' is one of the top occupations for visa holder employees.
As workers in fast food outlets, restaurants and cafés are often migrants or young people, who can be vulnerable to exploitation, the sector is a priority for the Fair Work Ombudsman.
Fair Work Ombudsman Anna Booth said the inspections were part of a continuing national program of audits by the FWO and the Department of Home Affairs to check that employers of migrant workers are complying with the law.
"Workplace breaches that involve migrant workers can be particularly serious as these workers can be vulnerable to exploitation. We find they can be unaware of their workplace rights or unwilling to speak up if something seems wrong," Ms Booth said.
"It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for their visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to contact us.
"Employers should access the free tools and resources on our website to ensure they're meeting their obligations, or contact the FWO directly for free advice."
Intentional underpayment of employees can now be a criminal offence. More information can be found at Criminal prosecution (fairwork.gov.au).
Australian Border Force (ABF) Sponsor Monitoring Unit officers visited many of the businesses, providing employers with information about migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which came into effect in July 2024 to combat the exploitation of temporary migrant workers.
The Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot 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.
Acting ABF Commander Field Operations and Sponsor Monitoring, Melati Smith, said the joint activity reinforces that Australia will not tolerate exploitation and abuse of migrant workers or its visa programs.
"Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them," Acting Commander Smith said.
"Our message is clear to employers: do the right thing and abide by your obligations. Don't exploit vulnerable workers or abuse our visa regime - there is no excuse, and the consequences could be severe.
"It has never been easier for employers to do the right thing," Acting Commander Smith said.
"They can easily check the work rights of prospective employees by using Home Affairs' dedicated Visa Entitlement Verification Online system to ensure they do not inadvertently allow illegal work.
"The new laws make it a criminal offence for employers to use a person's immigration status to exploit them in the workplace."
Criminal penalties under the migration laws include up to two years' jail and/or a fine of up to $118,800.
The FWO's investigations continue after the site visits.
The inspections follow similar joint audits of food and other businesses by the FWO and the ABF around Australia recently.
