The Fair Work Ombudsman (FWO), the Department of Home Affairs’ Australian Border Force (ABF) and the WA Department of Local Government, Industry Regulation and Safety (LGIRS) have conducted snap inspections of businesses around Perth.
Most businesses inspected were in the fast food, restaurants and cafés sector, though some were in the wholesale or retail bakery, hair and beauty, and hotel sectors, among others. All businesses inspected employ visa holder workers, who can be vulnerable to exploitation.
More than 60 businesses were being visited across the three regulators’ combined efforts.
The inspections, which began on 3 November and focused on Perth CBD and surrounding suburbs, have targeted employers of workers with subclass 482 visas, a temporary visa for workers with skills in demand.
This includes many employers of chefs, which is one of the top occupations for visa holder employees in Australia.
The operation was the result of close collaboration between the agencies, which coordinated and conducted joint field inspections to improve intelligence-sharing and maximise regulatory reach and impact.
Fair Work Inspectors have been checking time and wage records, including pay slips, to ensure the migrant workers are being paid correctly.
Fair Work Ombudsman Anna Booth said the inspections were part of a continuing national program of visits by the FWO and the Department of Home Affairs to check that employers of migrant workers are complying with the law. It was the first time the two regulators had been joined by LGIRS.
“Teaming up with our fellow regulators, including sharing intelligence, can help us find and hold to account any businesses who are doing the wrong thing when it comes to employing migrant workers,” Ms Booth said.
“Such breaches can be especially serious as these vulnerable workers may be unaware of their workplace rights or unwilling to speak up if something seems wrong.”
Ms Booth reminded visa holder workers that they have nothing to fear when coming forward for help.
“We want visa holders to know 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.”
Improving compliance in the fast food, restaurants and cafes sector is also a FWO priority.
ABF officers from the specialist Sponsor Monitoring Unit and Employer Compliance Operations team supported the operation by attending a range of businesses across Perth as part of ongoing efforts to protect vulnerable migrant workers, maintain visa integrity and support employer compliance.
ABF Acting Commander Field Operations and Sponsor Monitoring, Chris Andino, said the activity highlights the ABF’s commitment to protecting migrant workers.
“Visa holders in Australia are entitled to the same workplace rights and protections as all other workers, regardless of their migration status,” Commander Andino said.
“We are sending a clear message that Australia will not tolerate the exploitation of vulnerable migrant workers or abuse of the visa system. Employers who seek to employ migrant workers must comply with both Australian workplace and migration laws.
“During these activities, our officers engaged with workers and assessed businesses for indicators of migrant worker exploitation, including underpayments, unlawful deductions and workers being employed in roles inconsistent with their visa conditions.
“Those who do the wrong thing may face significant penalties, including infringement notices, civil action or being declared a prohibited employer.”
Industrial inspectors from LGIRS are conducting proactive compliance inspections, targeting businesses outside of the national system who have a history of non-compliance or who are operating in a high risk industry for underpayments. The inspections will check employers’ compliance with West Australian employment laws including minimum wages and record keeping obligations.
Department of Local Government, Industry Regulation and Safety Director General Lanie Chopping said this campaign had targeted businesses in the hospitality, hair and beauty industries which are known high risk sectors for underpayments.
“Our inspections often reveal employees being paid below award rates or not receiving pay slips, contrary to State employment laws. Migrant and young workers are particularly vulnerable to underpayment and exploitation.
“We want to send a strong message that the department is a proactive regulator and works collaboratively with other government agencies to detect, disrupt and deter unlawful employment practices. Compliance with employment laws is not optional.”
Investigations continue after the site visits and no findings are available.
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.
The inspections follow similar joint audits of food and other businesses by the FWO and the ABF around Australia recently.
