The Fair Work Ombudsman (FWO) and the Australian Border Force (ABF) have recently conducted surprise inspections across Melbourne, targeting businesses employing migrant workers. These inspections are part of a broader initiative to ensure compliance with workplace and migration laws.
Who Was Inspected?
Over 40 businesses, primarily in the food sector, were inspected across Melbourne’s CBD and surrounding suburbs, including Ashburton, Burwood, Clayton, Docklands, Fitzroy, Footscray, Laverton North, Maribyrnong, Port Melbourne, South Melbourne, and Truganina. While the focus was on fast food outlets, restaurants, and cafés, businesses in retail, hair and beauty, wholesaling, and manufacturing were also included.
What Were Inspectors Looking For?
The FWO’s inspectors examined payroll records, payslips, and wage compliance to ensure that migrant workers were being paid correctly and provided with essential workplace information. At the same time, ABF officers focused on verifying that sponsored visa holders under the Temporary Skills Shortage (subclass 482) visa were working under the conditions of their visa and were not subject to exploitation.
Why Is This Important for Employers?
The Australian Government has recently strengthened laws to prevent the exploitation of migrant workers. The Migration Amendment (Strengthening Employer Compliance) Act, which came into effect in July 2023, introduces tougher penalties for employers who fail to comply with their obligations. Additionally, the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot have been introduced to help temporary migrant workers report workplace exploitation without fear of visa consequences.
Key Takeaways for Employers
- Ensure compliance with workplace laws – Employers must provide correct wages, entitlements, and payslips and ensure that all employees receive the Fair Work Information Statement and Casual Employee Information Statement where applicable.
- Monitor visa conditions of sponsored workers – Employers should verify that sponsored visa holders are working in their approved roles and are not subjected to excessive hours or unsafe conditions.
- Use available resources – The FWO provides free tools, including a pay calculator and a Small Business Showcase, to help businesses stay compliant. Employers can also verify work rights through the Visa Entitlement Verification Online (VEVO) system.
- Be aware of the penalties – New laws make it a criminal offence for employers to exploit workers based on their visa status. Penalties include fines of up to $118,800 and possible jail time.
- Stay informed – The FWO and ABF conduct ongoing compliance checks nationwide, with similar audits previously taking place in Sydney and Brisbane.
What Should Businesses Do Now?
If your business employs migrant workers, now is the time to review your compliance with workplace and migration laws.
- Check payroll records to ensure correct wages and entitlements.
- Confirm sponsorship obligations if you employ workers on temporary visas.
- Use government resources to stay informed and avoid penalties.
- Seek advice if needed – The FWO offers free guidance on workplace obligations. Visit www.fairwork.gov.au or call 13 13 94.
The government is taking a firm stance on workplace compliance, and businesses that fail to meet their obligations risk significant penalties. Now is the time to act to ensure your business is fully compliant and protected from legal consequences. If you have been audited by the ABF, we specialise in compliance. Contact us for assistance.