Surprise Fair Work inspections - Fast Food, Restaurant and Cafe Sector

South Australian Business News  •  Industrial Relations
Lisa Casella
Thursday, August 15th 2024
Kitchen hours

Compliance across the fast food, restaurant and café sector is an ongoing focus for the Fair Work Ombudsman who have recently conducted surprise inspections across hundreds of fast food outlets, restaurants and cafes across Australia. 

Fair Work inspectors investigated businesses in the fast food, café and restaurant sector which were initiated from anonymous reports and requests for assistance from individual workers.

The FWO found that the majority of businesses investigated had breached workplace laws. The breaches included underpaying penalty rates and minimum wages for ordinary hours of work and the incorrect application of Award allowances. FWO also found that multiple businesses had not provided workers their leave entitlements and had not met their record keeping obligations under the Fair Work Act 2009. 

What does this mean for employers?

It is important for employers to understand they must meet all their obligations in relation to wage payments including:

  • paying the minimum wage which has recently increased on 1 July 2024, 
  • paying penalty rates to compensate workers for working outside usual working hours 
  • paying the correct allowances to compensate employees for performing certain tasks, for particular skills they use, for using their own tools or incurring an expense for doing their job. 

Here at the South Australian Business Chamber (SABC) we deal with thousands of businesses who are attempting to do the right thing and pay their staff correctly, however, we know that industrial relations is complex and at times, unintentional mistakes may result in an underpayment. 

Lisa Casella, Senior Consultant Workplace Relations says it’s important for employers to understand that if breaches of workplace laws are found, the Fair Work Ombudsman will hold employers accountable and consider taking enforcement action if necessary. This could also lead to costly financial penalties against employers “.

How We Can Help:

You can’t afford to get it wrong! SABC’s team of Consultants are experts in industrial relations and can work with you to conduct an audit on your payroll system. 

Our team or Workplace Advisors are also on standby to provide Members with advice on rates of pay, Modern Award classifications and more. Contact our Business Advice Hotline on (08) 8300 0000 (select option 1) and we will make sure you that are not at risk of a costly underpayment. 

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