The Fair Work Ombudsman is conducting surprise inspections of fast food outlets, restaurants and cafes in Sydney’s Newtown and Enmore, to make sure workers are receiving the right pay and entitlements.
Twenty businesses are receiving the surprise inspections this week. Investigations will continue long after the inspections take place, according to the FWO.
Fair Work Inspectors are interviewing managers and employees on-site in the popular food precincts, focusing on checking records and pay slips, as well as any use of unpaid work.
The FWO posted on social media in December to call out that workers nationally must be paid for every hour worked, supported by employer and employee stakeholders in the FWO’s Fast Food, Restaurants and Cafes Reference Group.
“Our united message was clear – if an employee is required to be at work, the law requires that time is paid,” says FWO Anna Booth.
“Required to come in before a shift to get the premises ready? You must be paid.
“Asked to stay back after close to cash up and clean up? You must be paid.
“Asked to come in for a meeting on a day off? That time must be paid.
“Inspectors are on the ground in one of Sydney’s hospitality hubs this week speaking with employees and holding employers to account if they are not following workplace laws, including due to any unpaid work.”
In Newtown and Enmore, businesses were selected for inspection based on prior non-compliance history, anonymous reports and/or employment of workers that are vulnerable to exploitation, such as young people and visa holders. Most of the eateries are ‘cheap eats’ venues.
Ms Booth says protecting vulnerable workers and improving compliance in the fast food, restaurants and cafes sector were priorities for the regulator.
“These inspections are part of a national Food Precincts Program where we’ve often found that low-cost dining comes at the expense of workers’ lawful wages,” she says.
“This sector engages many young workers and visa holders who can be vulnerable, as they are often unaware of their workplace rights or unwilling to speak up.
“We won’t hesitate to take enforcement action if needed.”
Inspectors are also on alert for:
- Unlawfully low flat rates of pay
- ‘Off the books’ employment arrangements
- Inadequate or missed breaks
- Non-payment of penalty rates and overtime rates
- Inadequate or false record-keeping and pay slips
- Cashback schemes, in which employees are made to unlawfully pay back some of their wages
