The FWO has audited 45 sushi businesses in NSW, Queensland and the ACT, finding widespread non-compliance with workplace laws which has resulted in legal action against six businesses.
It found of all the audits conducted, 39 businesses committed workplace law breaches, which equates to a non-compliance rate of almost 90%.
Some of the workers were Korean nationals in Australia on working holiday visas, paid a flat rate that led to the underpayment of various loadings and leave entitlements.
The blitz has been described by workplace lawyers as a sign the FWO is narrowing the focus of its widespread underpayment campaign, with an eye on specific categories within the fast-food sector.
Ombudsman Sandra Parker said the compliance activity followed “increased requests” for assistance from vulnerable workers in sushi outlets.
“While the Fair Work Ombudsman never excuses employers who underpay their workers, we know that labour represents a significant cost in the food industry,” Parker said in a statement on Tuesday.
“Although everybody loves cheap sushi, perhaps we should ask ourselves — is what I’m paying enough to cover workers’ minimum wages and entitlements?”
Of the audited businesses, 37 were found to have underpaid staff, while 29 had breached record keeping and payslip laws.
Nine infringement notices were issued, with total fines of $17,850, alongside 15 formal cautions and six compliance notices.
In two of the six cases, the FWO has taken to court following the blitz, the Court has ordered penalties of $136,250 in relation to the underpayment of young Korean workers and the use of false records.
Three other cases, some of which involve young migrant workers, remain before the Court.
