Surprise inspections a reminder there is ‘no place’ for employers that exploit migrant workers

As part of a broader strategy to ensure compliance with Australian workplace and migration regulations, the Fair Work Ombudsman and the Australian Border Force recently conducted dozens of unannounced inspections of businesses across Melbourne.

Last week, roughly 40 businesses throughout Melbourne that employ migrant workers were subjected to surprise inspections conducted by the Fair Work Ombudsman (FWO) in conjunction with officers from the Australian Border Force (ABF), part of the Department of Home Affairs.

The inspections, which took place across Melbourne’s CBD and 11 surrounding suburbs, were primarily focused on businesses in the food sector, including fast-food chains, restaurants, and cafes.

However, the scope of the operation extended beyond the food service industry, also including businesses in retail, hair and beauty, wholesaling, and manufacturing.

The FWO revealed that the inspectors carefully examined the business’s time and wage records, including pay slips, to ensure that workers were “being paid their correct wages and entitlements”.

Additionally, the inspectors also verified that all employees received the Fair Work Information Statement and the Casual Employee Information Statement, which outline workers’ rights and entitlements in accordance with Australian law.

Anna Booth, the Fair Work Ombudsman, stated that the inspections serve to safeguard migrant workers and are part of an ongoing national program of audits by the FWO and the Department of Home Affairs.

“Fair Work inspectors, together with ABF officers, have been on the ground in Melbourne this week holding employers to account.

“Workplace breaches that involve migrant workers may be particularly serious as these workers can be vulnerable to exploitation. We find they are often unaware of their workplace rights or unwilling to speak up if something seems wrong,” Booth said.

Booth stressed that visa holders must be aware that they are entitled to the same workplace rights as all other workers.

“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. We urge workers with concerns about wages and entitlements to reach out to us,” Booth said.

The joint operation also saw ABF Sponsor Monitoring Unit officers providing employers with information regarding their responsibilities under the Migration Amendment (Strengthening Employer Compliance) Act.

FWO discussed how this legislation, which came into effect in July 2024, aims to enhance protections against the “exploitation of temporary migrant workers”.

ABF Commander of Field Operations and Sponsor Monitoring, Ben Biddington, highlighted that the purpose of the inspection was also to affirm Australia’s firm stance against the exploitation and abuse of migrant workers.

“Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them.

“Our message is clear to employers: do the right thing and abide by your obligations. Don’t exploit vulnerable workers or abuse our visa regime – there is no excuse and the consequences could be severe,” Biddington said.

Biddington also reminded employers of the importance of using available tools, such as the Visa Entitlement Verification Online (VEVO) system, to verify the work rights of prospective employees and ensure compliance with immigration laws.

Rebecca Thomson, BDO migration services leader, echoed the importance of these inspections, highlighting that these evaluations serve as a definitive warning to employees regarding the consequences of non-compliance.

“The Australian government has made it clear that businesses employing temporary migrant workers must comply with both workplace and migration laws,” she said.

“These surprise audits are a sign of the government’s commitment to tackling exploitation in the workplace.”

Thomson underscored that the government’s commitment to addressing workplace exploitation requires employers to be “fully aware of their obligations and take proactive steps to ensure they are meeting the requirements”.