Businesses hiring migrant workers inspected

Inspections were made across Sydney, targeting businesses that employed migrant workers, in a bid to reduce exploitation.

Last week, the Fair Work Ombudsman (FWO) and the Australian Border Force (ABF) conducted unannounced inspections across Sydney to address concerns about the safety and welfare of migrant workers.

Businesses in Sydney’s Blacktown, Cabramatta, Chatswood, the Hills District, Hurstville, and Parramatta were inspected. Most of them were in the fast-food, restaurants, and cafes sector, along with hair and beauty and health services.

Forty businesses were visited, where time and wage records, and pay slips were checked to ensure migrant workers were being given their correct entitlements and wages.

“ABF officers also checked that sponsored visa holders were not subject to exploitation, were working in nominated positions and had the same work conditions, rights and protections as Australian citizens,” the ombudsman said.

Fair Work Ombudsman Anna Booth said: “Workplace breaches that involve migrant workers can 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.”

As part of these inspections, Fair Work inspectors ensured recent job advertisements were in line with the Fair Work Act and assessed if previous non-compliance had been resolved.

ABF commander of field operations and sponsor monitoring, John Taylor, said: “Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them.”

These inspections commenced on Tuesday (2 September). They focused on employers who hired under the Temporary Skills Shortage (subclass 482) visa program. “Chef” is among the top occupations in the nation for these sponsored visa workers.

According to the FWO, “The Australian government has introduced the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to address migration-related barriers that can deter temporary migrants from reporting exploitation or seeking workplace justice. The Department of Home Affairs is administering both pilot programs.”

Booth said: “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.”

Taylor noted: “The new laws make it a criminal offence for employers to use a person’s immigration status to exploit them in the workplace.”

The ombudsman stated: “Criminal penalties under the migration laws include up to two years’ jail and/or a fine of up to $118,800.”

Taylor warned: “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.”