Fair Work Ombudsman Sandra Parker has announced the regulator’s strategic priorities for the year ahead, with the key focus supporting workplaces as they manage the ongoing impacts of COVID-19.
Speaking at a Council of Small Business Organisations Australia (COSBOA) roundtable meeting today, Ms Parker said the contract cleaning sector was a new compliance and enforcement priority this year.
“Intelligence indicates that contract cleaning is part of an industry with large proportions of migrant workers, low paid and part-time workers, who we know are at higher risk of exploitation. The sector also has a significant history of non-compliance, which, combined with an expected quick recovery due to increased demand for COVID-19-safe cleaning practises, makes it a sector to monitor closely.”
Fast food, restaurants and cafes and horticulture remain a key focus of activities in 2021-22.
“The FWO continues to find high levels of non-compliance in the fast food, restaurants and café sector, with a significant number of requests for assistance from vulnerable workers in the industry. The horticulture sector, which has a track record of significant non-compliance, also remains a priority with its reliance on visa holders who may be exploited and complex labour supply chains,” Ms Parker said.
Ms Parker said that investigating large corporate underpayments remained a priority for the regulator.
“We are investigating more than 80 corporate sector employers for underpayments of workers. We recently commenced litigation against Woolworths, where we seek to recover backpayments we allege may be owed to about 19,000 employees. We expect to take further high-level enforcement action against a range of large corporates this year, and urge them to prioritise compliance,” Ms Parker said.
Ms Parker said the regulator recognised the crucial importance of small businesses to the nation’s economic recovery from COVID-19, and would continue to prioritise assistance to these employers.
“Our resources are complemented by the Employer Advisory Service, which provides eligible small businesses with free, tailored, written advice about employee entitlements under the National Employment Standards and award provisions. We hope the new service will give small businesses increased confidence to understand and comply with their obligations under the Fair Work Act.”
Compliance and enforcement activities in franchising, and the sham contracting unit’s work, continue.
Ms Parker said that while there are encouraging signs of economic recovery, the situation remains precarious in many sectors and regions with the serious impacts of the pandemic placing some under financial strain.
“We are here to help with free advice on lawful obligations, while also enforcing the laws to ensure vulnerable workers – and compliant employers – are not disadvantaged by those doing the wrong thing. We will continue to consider a business’ sophistication, financial position and viability as relevant public interest factors when deciding on appropriate enforcement action in the year ahead,” Ms Parker said.
FWO’s 2021-22 Compliance and Enforcement Priorities are available on our their website.
Information about Australian workplace laws and coronavirus is available at Coronavirus and Australian workplace laws.
Further information on the Employer Advisory Service is available at New Employer Advisory Service for small business.
Employers and employees can contact the FWO Infoline for free assistance at 13 13 94.
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