An Australian Border Force (ABF) blitz of more than 300 regional hospitality businesses over the past seven months found that over 50% were non‑compliant in their treatment of vulnerable migrant workers.
The checks formed part of Operation ODIN, one of ABF's largest nationwide crackdowns to protect regional migrant workers, involving unannounced visits and inspections to hundreds or workplaces across every state and territory, using Labor's tougher laws to crack down on migrant worker exploitation.
Many of the businesses, all of which sponsored migrant workers, were failing to meet their sponsorship obligations - most commonly by underpaying penalty rates or rostering workers on for excessive hours and others were unlawfully deducting money from migrant workers' pay.
The ABF has already stripped 41 businesses of their ability to sponsor migrant workers or banned them from taking on new migrant workers and a further thirty-five have been issued compliance notices to remedy their non-compliance.
Over $300,000 in underpayments and unlawful deductions has been recovered for vulnerable migrant workers, and investigations of over 80 businesses are continuing.
One NSW restaurant repaid over $31,000 in unpaid wages and super and was barred from sponsoring additional migrant workers for six months.
Another Victorian regional restaurant that failed to pay a sponsored migrant worker penalty rates for two years, subsequently back-paid the worker more than $50,000 and has been forced to demonstrate to the ABF that it has implemented proper systems to comply with its sponsorship obligations.
Lessons learned from Operation ODIN will be applied by the ABF in the next phase of enforcement using new compliance powers from Labor's 2024 laws.
Hospitality businesses throughout the country can expect more unannounced as the ABF ensures that employers do the right thing and vulnerable workers are protected, with new penalties being applied.
Businesses are monitored by ABF officers during their sponsorship period and for up to five years afterwards, with unannounced visits used routinely to check compliance.
Migrant workers must be afforded the same workplace rights and protections as any other employee in Australia.
New rules and tougher penalties were introduced on 1 July 2024 for employers using a person's immigration status to exploit them in the workplace. (Migrant worker protections (homeaffairs.gov.au)
Those that do the wrong thing face heavy penalties for exploiting migrant workers. Potential penalties include being issued infringement notices, civil penalties or being publicly declared a 'prohibited employer'. (Migrant worker protections)
Businesses that had their approval as a sponsor cancelled or have been barred from sponsoring further skilled workers during Operation ODIN have since had their names published on the public Register of Sanctioned Sponsors.
Anyone with information relating to potential immigration offences or suspicious activity are encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.
Quotes attributable to a spokesperson for Assistant Minister Hill
"To employers who do the wrong thing and breach their sponsorship obligations - it's only a matter of time before you'll be caught.
"When migrant workers are exploited, all Australian workers and businesses lose out. Dodgy employers use underpayment and mistreatment to gain an unfair edge over businesses doing the right thing and wages and exploitation drives down wages and conditions for all Aussie workers.
"The findings from Operation ODIN send a clear message that Labor's strengthened laws are working - the Government will not tolerate exploitation of migrant workers."
Quotes attributable to John Taylor, ABF Commander Field Operations and Sponsor Monitoring
"Operation ODIN clearly signals the determination of the ABF to protect vulnerable migrant workers.
"Its outcomes represent months of complex investigations, intelligence and targeting support, and dedicated field work by our officers wielding strengthened migrant worker protections.
"Operation ODIN, one of the biggest nationally coordinated efforts to date, enhances the ABF' capacity to tackle migrant worker exploitation and is a model for things to come.
"Dodgy employers be warned: you can expect more unannounced visits across the country by ABF officers determined to stamp out migrant worker exploitation."
Attributable to a Departmental spokesperson
"The Department of Home Affairs and the ABF remain committed to protecting migrant workers, upholding visa integrity, holding sponsoring employers to account - and dismantling exploitative networks.
"ABF officers conduct compliance activity under warrants or with informed consent to educate employers on obligations under the Migration Act 1958, inform migrant workers of their rights and visa responsibilities, and provide assistance for those in need.
"All migrant workers in Australia have the same workplace entitlements and protections as other employees.
"Migrant workers are vital to Australia's economy, particularly in rural and regional areas. Australia does not tolerate their exploitation or the abuse of its visa system."
Attributable detail on two restaurant examples from Operation ODIN mentioned in the Media Release:
Regional NSW Restaurant
A restaurant in regional NSW, had a six‑month bar imposed by the ABF officers as a sanction. The bar precludes the business from sponsoring additional workers for six months and is published on the public Register of Sanctioned Sponsors. In this case, ABF officers identified that several sponsored workers were being paid under the correct rate. When advised of this, the business rectified the issue by back‑paying salary and superannuation to the workers totalling over $31,000. The business was also referred to the Fair Work Ombudsman for consideration of underpayments to Australian workers.
Regional Victoria Restaurant
ABF officers visited a restaurant in regional Victoria and identified a breach arising from the sponsor's failure to pay a sponsored worker penalty rates for a two‑year period. The sponsor subsequently provided evidence that they had rectified the issue by back‑paying the sponsored employee more than $50,000. They also supplied records demonstrating new procedures and internal policies to ensure ongoing compliance with sponsorship obligations - including keeping up to date with current Award rates. ABF officers counselled the sponsor on their obligations. This was a positive outcome for the worker involved (who was back paid), and the business has now taken steps to prevent similar underpayments from occurring in the future.
(ABF officers walking the main street on their way to another job in the Northern Rivers region of NSW during the Operation ODIN targeting regional hospitality businesses across the country.)
(ABF officers speaking with an individual during Operation ODIN targeting regional hospitality businesses across the country.)
