As part of its campaign, the Fair Work Ombudsman has conducted surprise inspections of businesses across the country and checking their employer records, which has thus far yielded fines for about 50 businesses across six cities.
Various businesses such as retailers (including speciality grocery stores, mobile phone repair shops, butcher shops and bakeries, florists, and drycleaners), hair and beauty salons, beauty supply shops, and car wash businesses that engage vulnerable workers were assessed in Hobart, Adelaide, Melbourne, Sydney, Perth and Cairns – generally in each city’s central business district.
Businesses were selected for inspections based on contacts to the FWO, such as anonymous reports and enquiries, as well as where previous investigations into the business had been conducted by the FWO. Inspectors checked time and wage records, and employee payslips, to ensure that workers were being paid their correct wages and entitlements.
The inspections, which concluded last Friday, also involved inspectors ensuring workers had been provided the Fair Work Information Statement and Casual Employee Information Statement by their employer, as the law requires.
Acting Fair Work Ombudsman Michael Campbell said that the types of businesses targeted often engaged workers who can be vulnerable to exploitation.
“Workplace breaches that involve migrant workers and young workers can be particularly serious. We find these workers 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,” Campbell said.
The Ombudsman noted that a lack of records or poorly maintained records often indicated workplace breaches such as underpayments.
“Record-keeping is the bedrock of compliance and must be taken seriously,” Campbell said. “Fair Work Inspectors have handed out Infringement Notices – which are similar to on-the-spot fines – when employers were not meeting their legal obligations.”
Currently, Infringement Notices can be issued to an employer with a maximum of $1,878 per contravention for an individual and $9,390 per contravention for a body corporate.
“We much prefer that employers get it right in the first place,” Campbell said. “Pay slips provide employees with the clarity they need about their pay, and accurate record-keeping makes it easier to keep track of employee details, identify payroll mistakes and keep a business running efficiently.”
In total, the FWO issued 760 Infringement Notices nationally in 2023–24, with penalties paid totalling $986,616, an increase from 626 infringement notices in 2022–23 that yielded $739,966.
The FWO’s investigations continue after the site visits, and details of the findings including the number of Infringement Notices issued will not be publicised until investigations have concluded.
