The Fair Work Ombudsman and Australian Border Force (ABF) officers from the Department of Home Affairs have made surprise inspections this week of Sydney businesses employing migrant workers.
Businesses are being inspected across Sydney's Blacktown, Cabramatta, Chatswood, the Hills District, Hurstville and Parramatta. Most are in the fast food, restaurants and cafés sector, with some in hair and beauty, and health services.
Fair Work Inspectors are visiting about 40 businesses, checking time and wage records, including pay slips, to ensure that vulnerable migrant workers are being paid their correct wages and entitlements.
These Fair Work Inspectors also checked recent job advertisements to ensure they met the requirements of the Fair Work Act, assessed if any previous non-compliance had been addressed, and educated employees on recent changes to workplace laws, such as the right to disconnect, which took effect for small business employees last month.
The on-the-ground inspections, which began on Tuesday, targeted those employing sponsored visa holders under the Temporary Skills Shortage (subclass 482) visa program. In Australia, 'chef' is one of the top occupations for sponsored visa holders.
ABF Sponsor Monitoring Unit officers provided employers with information about migrant worker protections under the Migration Amendment (Strengthening Employer Compliance) Act, which came into effect in July last year to combat the exploitation of temporary migrant workers.
ABF officers also checked that sponsored visa holders were not subject to exploitation, were working in nominated positions and had the same work conditions, rights and protections as Australian citizens.
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.
Fair Work Ombudsman Anna Booth said the Sydney inspections were part of a continuing national program of audits by the FWO and Home Affairs that assess the compliance of approved sponsors of temporary migrant workers.
"Fair Work Inspectors together with ABF officers have been on the ground in suburban Sydney this week holding employers to account," Ms Booth said.
"Workplace breaches that involve migrant workers can be particularly serious as these workers can be vulnerable to exploitation. We find they are often unaware of their workplace rights or unwilling to speak up if something seems wrong.
"It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us."
Ms Booth noted that the fast food, restaurants and cafés sector remained a priority area for the FWO and urged employers to prioritise compliance.
"Employers should access our free tools and resources to ensure they're meeting their obligations, or contact the FWO directly for free advice."
ABF Commander Field Operations and Sponsor Monitoring, John Taylor, 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," Commander Taylor 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," Commander Taylor said.
"They are able to 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 joint inspections follow similar audits of food businesses in Melbourne in February, and last year, of Sydney's CBD in November and Brisbane in October.
