Fair Work Ombudsman Sandra Parker has issued a warning to businesses after being granted new powers to protect vulnerable workers from abusive employers and sham contracting arrangements.
“We will use our new powers and publicly name employers who break the law to get the message out that it is not acceptable to underpay workers or deprive them of their entitlements. Employers who do this will get caught,” Ms Parker said.
Ms Parker says the agency is committed to investigating underpayments, breach of awards and the National Employment Standards.
“If an employee comes to us and says they haven’t been paid and their employer is giving them the run around, we have the power to compel records.”
If an employer breaks the law or fails to comply, a penalty infringement notice will be handed down to them. If the investigation proves that there’s been an underpayment, the Inspector can issue a compliance notice, she adds.
“Where an employer is issued with a compliance notice, the onus will be on them to get their house in order.”
“We are going to simplify these notices so it’s easy for employers to understand what they need to do, but if they don’t comply with the terms of our compliance notice, the Fair Work Ombudsman won’t resile from taking them to court to seek penalties,” Ms Parker said.
Apart from fast food, restaurants, and cafes, the agency also announced the following priority industries or issues that they will focus on:
- Horticulture and the harvest trail
- Supply chain risks
- Franchisors
- Sham contracting
“So if you are in one of our priority industries, operate a franchise system or employ large numbers of migrant workers, you should expect to hear from us,” Ms Parker said.
