44 businesses in breach of workplace laws, $450k recovered for workers

After investigations into 51 businesses, the Fair Work Ombudsman (FWO) has recovered $447,339 for 365 underpaid food outlet employees in Brisbane.

Fair Work inspectors investigated a total of 51 fast-food outlets, restaurants, and cafés across the southern Brisbane suburbs of Sunnybank, Sunnybank Hills, Macgregor, and Robertson and found that 44 (86 per cent) had breached workplace laws.

The most common breaches among these businesses – mostly “cheap eats” venues – were a failure to pay penalty rates (32 businesses), underpaying minimum wages for ordinary hours (24 businesses), and record-keeping breaches (21 businesses).

“These disappointing findings in Brisbane 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,” said Fair Work Ombudsman Anna Booth.

“Employers must follow all wage laws, including penalty rates, which generally serve as compensation for those working at times when most people are not. Those doing the wrong thing are being found out and held to account.”

“Record keeping and accurate pay slips are the bedrock of compliance, and some employers have paid the price – part of more than $162,000 in fines – for failing to follow those laws.”

One business in particular accounted for almost $80,000 worth of breaches for a total of 27 restaurant employees, including nine visa holders – with seven being on international student visas and two working holiday visa holders.

Between the workers, they had been underpaid their minimum rates, weekend penalties, public holiday entitlements, split shift allowances, and annual personal leave accruals.

In the past, Brisbane has had expensive breach penalties and contraventions, with previous audits recovering more than $404,000 for 623 underpaid workers; over $309,000 for 369 underpaid workers; and almost $65,000 for 180 underpaid workers.

Overall, more than $1.2 million in wages have been recovered for Brisbane food workers as part of the FWO’s concerted effort called the Food Precincts Program.

In terms of the investigation, the FWO issued 39 compliance notices, recovering $447,339 for 365 workers, with pay slip and record breaches leading to $162,045 in fines paid.

“Employers should access our wide range of free online tools and resources to ensure they’re meeting their obligations, or contact us directly for free advice. We want to help businesses in the food sector get it right in the first place,” said Booth.

“We also urge workers with concerns about wages and entitlements to reach out to us – including anonymously if preferred.”