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FWO blitz on migrant employees’ workplaces

Authorities have targeted employers of migrant workers in a series of snap inspections in the South East.

The Fair Work Ombudsman and Australian Border Force visited about 40 businesses in suburbs including Clayton and Dandenong from Tuesday 7 October.

Most businesses inspected were in the fast food, restaurants and cafés sector, as well as the hair and beauty, manufacturing, recreation, and health sectors, FWO stated.

Fair Work Inspectors were checking time and wage records, including pay slips, to ensure that migrant workers were paid correctly.

They also were educating workers on recent changes to workplace laws, such as the right to disconnect, which took effect on 26 August.

The inspections targeted employers of migrant workers with subclass 482 visas, a temporary visa for workers with skills in demand, and subclass 494 visas, a visa which enables regional employers to address labour shortages by sponsoring skilled migrants.

FWO has prioritized workers in fast food outlets, restaurants and cafés, who were often migrants or young people vulnerable to exploitation.

Intentional underpayment of workers may be a criminal offence.

“Workplace breaches that involve migrant workers can be particularly serious as these workers can be vulnerable to exploitation,” Fair Wok Ombudsman Anna Booth said.

“We find they can be unaware of their workplace rights or unwilling to speak up if something seems wrong.

“It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for their visas exist if they call out workplace exploitation.

“We urge workers with concerns about wages and entitlements to contact us.”

Australian Border Force (ABF) Sponsor Monitoring Unit officers also provided employers with information about migrant worker protections, which came into effect in July 2024.

Acting ABF Commander Field Operations and Sponsor Monitoring, Melati Smith, said the joint activity reinforces that Australia will not tolerate exploitation and abuse of migrant workers or its visa programs.

“Migrant workers play a key part in the economy. There is no place in Australia for employers who exploit them,” Acting Commander Smith said.

“Our message is clear to employers: do the right thing and abide by your obligations. Don’t exploit vulnerable workers or abuse our visa regime — there is no excuse, and the consequences could be severe.”

Employers can check their workers’ rights using Home Affairs’ dedicated Visa Entitlement Verification Online system.

Criminal penalties for exploiting migrant workers include up to two years’ jail and/or a fine of up to $118,800.

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