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FWOFair Work Ombudsman · 27 April 2023

Fair Work Ombudsman

Citation: FWO-2023-04-28-sydney-food-precincts-report-media-release

At a glance

Penalty
$239,000
Employees affected
333

What happened

The Fair Work Ombudsman investigated 49 businesses in Sydney's food precincts, including Haymarket, Chinatown, and Darling Harbour. The investigations found that 77% of the 47 completed investigations revealed breaches of workplace laws. A total of 36 businesses were found to be in breach, with 31 underpaying workers and 22 failing to provide proper payslips or records. The investigation involved 333 workers and recovered $239,505 in unpaid wages. The largest recovery from one business was $52,081 for 18 employees. The businesses were selected due to a history of non-compliance, anonymous tip-offs, or employing vulnerable visa holders.

What was decided

The Fair Work Ombudsman recovered $239,505 for 333 underpaid workers. Compliance Notices were issued to 31 businesses, and 27 Infringement Notices were issued for pay slip and record-keeping breaches, resulting in $90,354 in fines. The Fair Work Ombudsman highlighted the disappointing levels of non-compliance and warned that future breaches could lead to higher-level enforcement action. The investigation is part of a national program that has recovered over $2 million for workers. Two businesses remain under investigation.

What it means for employers

Employers in the food precinct sector must ensure they comply with wage laws, including minimum hourly rates and penalty rates. Businesses should provide accurate payslips and maintain proper records. The Fair Work Ombudsman will prioritise compliance in this sector and take enforcement action against those who do not meet their obligations. Free tools and resources are available to assist employers.

What it means for employees

Employees, particularly young workers and visa holders, should be aware of their workplace rights and seek help from the Fair Work Ombudsman if they suspect they are being underpaid or have concerns about their entitlements. The Assurance Protocol protects visa holders who seek assistance without fear of visa cancellation.

underpaymentpenalty-ratespay-slipsgeneral-protectionsmisclassificationwage-theftmodern-award-variationsham-contracting

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/april-2023/20230428-sydney-food-precincts-report-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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