The Fair Work Ombudsman is making surprise visits to restaurants, cafés and fast food outlets in inner Sydney food precincts this week to make sure that workers are being paid correctly.
About 50 businesses are being inspected in the Haymarket, Chinatown, Darling Harbour, Barangaroo, Surry Hills and Darlinghurst precincts.
Inspectors are in the popular dining districts to assess compliance with workplace laws by speaking with business owners, managers and employees and requesting records. The regulator is acting after receiving intelligence, including from including its Anonymous Reporting tool, indicating potential breaches of workplace laws by businesses in the area.
Fair Work Ombudsman Sandra Parker said the inspections include a focus on eateries that are employing visa holders.
“Our intelligence indicates inner Sydney food precincts employ many visa holders, who may have limited English skills or understanding of their rights, making them vulnerable to exploitation.
“All employees have the same basic workplace entitlements, regardless of nationality and visa status. Protecting vulnerable employees such as visa holders and improving compliance in the fast food, restaurant and café sector are ongoing priorities for the Fair Work Ombudsman,” Parker said. “If our inspectors find breaches of workplace laws, we will hold employers to account and consider enforcement action where appropriate.”
A nationwide initiative
This week’s surprise inspections are part of a national program that previously targeted food precincts in Melbourne, Brisbane, Adelaide, Perth, Darwin, Launceston and the Gold Coast. The Ombudsman has recovered more than $189,000 in underpayments for 306 workers in Adelaide’s Chinatown and $580,000 in unpaid wages for 376 workers in Hobart eateries.
Fast food, restaurant and café matters accounted for 36 per cent of the FWO’s new litigations in 2020-21. The Ombudsman secured court-ordered penalties of $1,841,347 from litigation decisions in this sector. Visa holder workers were involved in 32 per cent of all litigations that year.