Surprise underpayment inspections for Queensland businesses

Businesses in the Sunshine Coast are being checked for underpayments in a string of surprise inspections by the Fair Work Ombudsman, aimed at protecting vulnerable workers.

A variety of farms and eateries in the region are being checked to ensure workers are receiving the correct pay. Around 35 businesses in total will be analysed, with a target on growers, labour-hire companies and food outlets to assess compliance with workplace laws.

Fair Work Ombudsman Anna Booth said that compliance is the goal, with the process ensuring workers are protected.

“Inspectors on the Sunshine Coast are busy this week visiting farms and eateries to speak with employees and hold employers to account if they are not meeting their obligations,” said Ms Booth.

“We will take enforcement action where appropriate. We also act to ensure employers understand their legal responsibilities, including record keeping and the minimum wage guarantee for pieceworkers in horticulture.”

Of these 35 businesses, there are 20 farms and 15 eateries. The farms between Noosa and the Sunshine Coast Hinterland produce a variety of products, including berries, bananas, avocados, citrus and ginger.

The eateries, located in the Noosa Shire food precincts across the suburbs of Noosa Heads, Sunrise Beach and Noosaville, include a mix of “high-end” restaurants and “cheap eat” venues.

“We know the agriculture and fast food, restaurant and café sectors employ many young workers and visa holders who can be vulnerable to exploitation, as they are often unaware of their workplace rights and unwilling to speak up. Migrant workers may also have limited English skills,” Ms Booth explained.

“Employers who need assistance meeting their obligations should contact the FWO directly for free advice, and we also urge workers with concerns to reach out to us.”

Business owners, employees, labour hire operators, and managers will be spoken to by Fair Work inspectors. Reports of non-compliance in the area sparked the investigation after complaints of non-payment for time worked, unlawfully low flat rates, below-award rates to visa holders, unpaid casual, weekend and public holiday loadings and leave entitlements, unauthorised deductions, and pay slip breaches.

The Fair Work Ombudsman commented on the proceedings: “The horticulture inspections are part of the regulator’s national Agriculture Strategy, which began in December 2021. Under the strategy, the FWO is targeting more than 350 businesses in 15 ‘hot spot’ regions over two and a half years where there are identified high risks of non-compliance. Industry sectors being investigated include viticulture, horticulture, meat processing and agriculture.”

Fair Work has urged businesses to conduct a self-audit to ensure no mistakes are made. Things to be on the lookout for are unauthorised deductions, unpaid penalty rates, record-keeping and payslip breaches, and contraventions of the Fair Work Act’s National Employment Standards.