Sydney hospitality precincts face pay investigations

The Fair Work Ombudsman is making surprise visits to Sydney’s hospitality precincts to make sure that workers in restaurants, cafés and fast food outlets are being paid correctly.

About 50 businesses are being inspected in the Haymarket, Chinatown, Darling Harbour, Barangaroo, Surry Hills and Darlinghurst precincts.

Fair Work Inspectors are in the popular dining districts to assess compliance with workplace laws by speaking with business owners, managers and employees and requesting records.

The regulator is acting after receiving intelligence, including from our Anonymous Report tool, indicating potential breaches of workplace laws by businesses in the area.

Fair Work Ombudsman Sandra Parker said the inspections include a focus on eateries that are employing visa holders.

Parker notes “our intelligence indicates inner Sydney food precincts employ many visa holders, who may have limited English skills or understanding of their rights, making them vulnerable to exploitation.

“All employees have the same basic workplace entitlements, regardless of nationality and visa status. Protecting vulnerable employees such as visa holders and improving compliance in the fast food, restaurant and café sector are ongoing priorities for the Fair Work Ombudsman.

“If our inspectors find breaches of workplace laws, we will hold employers to account and consider enforcement action where appropriate. Any workers with concerns about their pay should contact us.”

This week’s surprise inspections are part of a national program that has previously targeted food precincts in Melbourne, Brisbane, Sydney, Adelaide and Perth, Darwin, Launceston, the Gold Coast and most recently, inner south Melbourne.

In December, the FWO released its findings of inspections targeting food precincts in Adelaide’s Chinatown, with more than $189,000 in underpayments recovered for 306 workers. Inspections of Hobart eateries recovered more than $580,000 in unpaid wages for 376 workers.

Fast food, restaurant and café matters accounted for 36% of the Fair Work Ombudsman’s new litigations in 2020-21. The FWO secured court-ordered penalties of $1,841,347 from litigation decisions in this sector. Visa holder workers were involved in 32% of all litigations that year.

The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders can ask for our help without fear of their visa being cancelled for breaches of their work-related visa conditions. The FWO has free information and targeted resources for visa holder workers.

The FWO also has targeted interactive tools to help employers and employees in the fast food, restaurant and café industry, as well as for any franchisees. Employers can also use FWO’s pay calculator and Small Business Showcase.

Call the Fair Work Infoline on 13 13 94 or a free interpreter service on 13 14 50. Know a workplace not doing the right thing but don’t want to get involved? Report it anonymously – in your language.

Follow the Fair Work Ombudsman on Facebook at www.facebook.com/fairwork.gov.au