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FWOFair Work Ombudsman · 7 April 2022

Fair Work Ombudsman

Citation: FWO-2022-04-08-melbourne-food-precincts-audits-media-release

At a glance

Penalty
$33,300

What happened

The Fair Work Ombudsman (FWO) conducted surprise inspections of approximately 50 food businesses in inner south Melbourne, including Albert Park, Balaclava, Brighton, Elwood, Port Melbourne, Prahran, South Yarra, St Kilda, and Windsor. The inspections aimed to check for compliance with workplace laws, particularly regarding pay and entitlements. The FWO received reports suggesting potential underpayments, and targeted businesses employing vulnerable workers like visa holders and students. Inspectors spoke with owners, managers, and employees and reviewed records.

What was decided

The FWO is holding employers accountable for meeting their obligations and will take enforcement action if breaches are found. They are also educating employers and employees about workplace rights and responsibilities. Penalties for non-compliance can reach up to $33,300 for companies and $6,660 for individuals for Compliance Notice breaches, and $66,600 and $13,320 respectively for record-keeping breaches. The FWO secured $1,841,347 in penalties from litigation decisions in the fast food, restaurant and café sector in 2020-21.

What it means for employers

Employers in the fast food, restaurant, and café sector should ensure they are complying with workplace laws, particularly regarding pay rates, penalty rates, and record-keeping. Be especially vigilant when employing vulnerable workers like visa holders and students, who may be less aware of their rights. The FWO is actively targeting non-compliance and will issue penalties.

What it means for employees

Employees, especially visa holders and students, should be aware of their workplace rights and feel comfortable raising concerns about pay or entitlements. Free advice and assistance are available from the Fair Work Ombudsman. Report any suspected breaches anonymously.

underpaymentpenalty-ratesgeneral-protectionssham-contractingwage-theftmodern-award-variationvisa-holders

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220408-melbourne-food-precincts-audits-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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