It’s surprise inspection season. Are you ready for a visit from the FWO?

Migrant workers and visa holders play a crucial role in sectors across Australia. According to migration statistics, over 2.5 million visa holders are currently contributing to industries ranging from hospitality to healthcare. These employees bring essential skills and help businesses thrive, filling critical labour shortages.

The Fair Work Ombudsman (FWO) and Australian Border Force (ABF) officers have recently conducted surprise inspections from the Hills District and Parramatta, to Chatswood and Cabramatta, shining a spotlight on the compliance practices of businesses that employ migrant workers and visa holders.

Here, our experts explain the importance of complying with Australia’s strict industrial relations laws, share the results of the FWO’s recent surprise inspections, and remind employers that visa holders and migrant workers have the same workplace rights as all other employees.

Joint inspections only scratch the tip of the iceberg

The recent joint inspections conducted by the FWO and the ABF provided a snapshot of workplace compliance, focusing on approximately 40 businesses across industries, including fast food, hospitality, and health services. Inspectors reviewed records like pay slips and wage logs to verify that migrant workers were receiving their full entitlements.

These inspections also extended to assessing job advertisements for compliance with the Fair Work Act 2009 (Cth) (FW Act) and ensuring previous breaches had been addressed. Additionally, employees were informed of recent legal updates, such as the introduction of the Right to Disconnect for small business workers, further demonstrating the FWO’s commitment to fair work practices.

While these ground-level audits created a much-needed enforcement presence, they only begin to address the broader challenges in preventing worker exploitation.

The warning from the FWO: “There is no place in Australia for employers who exploit workers”

Despite their significant contributions, migrant workers often face additional vulnerabilities due to unfamiliarity with workplace rights or fears of reporting non-compliance. This makes the protection of their rights not only a legal requirement but also an ethical imperative. Ensuring that these workers are correctly employed and provided the same protections as Australian workers, underscores the larger mission to eliminate exploitative practices. However, with Australia’s workforce relying on millions of visa holders, ongoing vigilance and broader compliance measures remain essential.

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Not a Citation HR client? The team at Citation HR can support your business on a range of workplace matters. Contact us today to arrange a confidential, no-obligation chat.