1 00:00:00,120 --> 00:00:02,720 Speaker 1: Now, as you have heard throughout the morning, we do 2 00:00:02,840 --> 00:00:05,600 Speaker 1: know that the Fair Work Combosman is making a surprise 3 00:00:05,720 --> 00:00:09,000 Speaker 1: visit well to restaurants, cafes and fast food outlets in 4 00:00:09,080 --> 00:00:12,799 Speaker 1: popular food precincts around Darwin this week to check compliance 5 00:00:12,880 --> 00:00:16,120 Speaker 1: with workplace laws. Now joining me on the line right 6 00:00:16,160 --> 00:00:20,400 Speaker 1: now is the Fair Work Ombardsman, Sandra Parker. Good morning 7 00:00:20,440 --> 00:00:21,000 Speaker 1: to you. 8 00:00:21,840 --> 00:00:23,360 Speaker 2: Good morning Katie, and to Nickols. 9 00:00:23,440 --> 00:00:28,040 Speaker 1: Well he's cheeky Nick. He's on on the sports show 10 00:00:28,080 --> 00:00:34,800 Speaker 1: on the weekends. He loves having a bit of fun now, Sad, Yeah, Sandra, busy, 11 00:00:34,960 --> 00:00:37,479 Speaker 1: busy times for your office and you're going to be 12 00:00:37,520 --> 00:00:38,040 Speaker 1: in Darwin. 13 00:00:39,440 --> 00:00:42,640 Speaker 2: We are, Yes, We've got some inspectors there now and 14 00:00:43,080 --> 00:00:48,040 Speaker 2: we're doing audits across twenty two suburbs, focusing on fast foods, 15 00:00:48,080 --> 00:00:53,240 Speaker 2: restaurants and cafes. So there's around fifty businesses that will 16 00:00:53,240 --> 00:00:57,959 Speaker 2: be facing audits. Our inspectors will be speaking with business owners, 17 00:00:58,000 --> 00:01:01,800 Speaker 2: with managers, with employees and ensuring that workers are being 18 00:01:01,840 --> 00:01:02,600 Speaker 2: paid correctly. 19 00:01:03,120 --> 00:01:07,319 Speaker 1: And Sandra, what has prompted the surprise visits. 20 00:01:09,200 --> 00:01:14,280 Speaker 2: We're acting on intelligence. We've received requests for assistance from 21 00:01:14,280 --> 00:01:18,440 Speaker 2: a range of workers in those businesses. We've received anonymous 22 00:01:18,480 --> 00:01:23,440 Speaker 2: reports that indicate this potential underpayment, and they were selected 23 00:01:23,760 --> 00:01:28,319 Speaker 2: also because there's a high risk of non compliance in 24 00:01:28,440 --> 00:01:32,520 Speaker 2: such businesses. So you have workers who are what we 25 00:01:32,640 --> 00:01:37,760 Speaker 2: would call vulnerable. Often these are holders, young people, people 26 00:01:37,800 --> 00:01:41,480 Speaker 2: who don't always have English as a first language, and 27 00:01:41,640 --> 00:01:45,080 Speaker 2: people who don't understand their rights or where to get support. 28 00:01:45,760 --> 00:01:49,040 Speaker 2: So when you get that combination of factors, it makes 29 00:01:49,120 --> 00:01:53,560 Speaker 2: workers vulnerable to exploitation. And we've found that right across 30 00:01:53,560 --> 00:01:57,160 Speaker 2: the country. We've been doing audits of what we call 31 00:01:57,320 --> 00:02:01,720 Speaker 2: cheap eats or fast food, mostly right across Australia, and 32 00:02:01,760 --> 00:02:07,040 Speaker 2: we've found nearly seventy to eighty percent non compliance across 33 00:02:07,040 --> 00:02:09,600 Speaker 2: those businesses, which is incredibly disappointing. 34 00:02:10,080 --> 00:02:12,799 Speaker 1: It is disappointing, you know, particularly if you're on the 35 00:02:12,840 --> 00:02:15,200 Speaker 1: receiving end, If you are one of those workers, it 36 00:02:15,200 --> 00:02:17,160 Speaker 1: would be a really tough situation to be in. 37 00:02:18,440 --> 00:02:22,880 Speaker 2: Yes, and they even small amounts mean a lot to individuals. 38 00:02:23,840 --> 00:02:28,200 Speaker 2: What we would say is that if workers employers, if 39 00:02:28,200 --> 00:02:30,400 Speaker 2: they get it right and they work with us to 40 00:02:30,440 --> 00:02:32,919 Speaker 2: pay the money back, and they say they will fix 41 00:02:32,960 --> 00:02:35,840 Speaker 2: it and make sure it doesn't happen again, they will 42 00:02:35,919 --> 00:02:39,600 Speaker 2: just pay the money back but unfortunately some of them 43 00:02:39,800 --> 00:02:43,080 Speaker 2: if they do resist and are difficult about it, we 44 00:02:43,200 --> 00:02:46,240 Speaker 2: will take them to court as well. So they just 45 00:02:46,360 --> 00:02:48,160 Speaker 2: need to be aware of that. We've done that in 46 00:02:48,200 --> 00:02:51,880 Speaker 2: other states, we've taken businesses to court and they do 47 00:02:51,960 --> 00:02:56,360 Speaker 2: face pretty high penalties when they go to court. They 48 00:02:56,360 --> 00:02:59,680 Speaker 2: can face up to thirty three thousand dollars for a 49 00:03:00,040 --> 00:03:03,280 Speaker 2: for each of a compliance notice and sixty six over 50 00:03:03,360 --> 00:03:05,720 Speaker 2: sixty six thousand for a record keeping breach. 51 00:03:06,639 --> 00:03:08,880 Speaker 1: And so what is the process over the next couple 52 00:03:08,919 --> 00:03:12,280 Speaker 1: of days, Sandra, Do those business have businesses sort of 53 00:03:12,320 --> 00:03:15,880 Speaker 1: have any idea that your staff will be going going 54 00:03:15,880 --> 00:03:17,480 Speaker 1: out and about or is this a bit of a 55 00:03:17,520 --> 00:03:20,000 Speaker 1: warning to them or should they you know, should they 56 00:03:20,040 --> 00:03:23,320 Speaker 1: be sort of aware at all times that the fair 57 00:03:23,360 --> 00:03:26,800 Speaker 1: work Onbortsman's office could sort of attend their business and 58 00:03:26,800 --> 00:03:28,400 Speaker 1: make sure that they are doing the right thing. 59 00:03:30,040 --> 00:03:33,040 Speaker 2: Well, two things. Should they should be aware that we 60 00:03:33,080 --> 00:03:34,760 Speaker 2: could be there at any time if we get a 61 00:03:34,800 --> 00:03:37,720 Speaker 2: request for assistance from a worker, then we could turn 62 00:03:37,800 --> 00:03:44,120 Speaker 2: up we have offices in Darwin. But also that did 63 00:03:44,160 --> 00:03:46,800 Speaker 2: we target those areas where we expect there to be 64 00:03:46,840 --> 00:03:50,480 Speaker 2: non compliance, So it's not a not a random thing. 65 00:03:51,360 --> 00:03:54,040 Speaker 2: And some of them will be found to be paying correctly, 66 00:03:54,080 --> 00:03:57,600 Speaker 2: and that's great, that's excellent. But yeah, it's something that 67 00:03:57,600 --> 00:03:59,920 Speaker 2: they should be aware of and what we would advise 68 00:04:00,360 --> 00:04:04,120 Speaker 2: all employers to do is to find out what rates 69 00:04:04,120 --> 00:04:06,320 Speaker 2: they should be paying, make sure they pay them. It's 70 00:04:06,360 --> 00:04:10,560 Speaker 2: a legal requirement, and we have a website Fairwork dot 71 00:04:10,560 --> 00:04:13,120 Speaker 2: gov dot au that is very clear on all of this. 72 00:04:13,360 --> 00:04:16,400 Speaker 2: They can go in and calculate what their workers should 73 00:04:16,400 --> 00:04:19,200 Speaker 2: be getting. There's actually no excuse for them getting it wrong. 74 00:04:19,680 --> 00:04:22,440 Speaker 2: It's actually much simpler than a lot of people think. 75 00:04:23,000 --> 00:04:24,960 Speaker 1: So Andra, by the look of some of the information 76 00:04:25,040 --> 00:04:26,680 Speaker 1: that we've seen as well, and you touched on this 77 00:04:26,880 --> 00:04:29,839 Speaker 1: just a couple of moments ago, right around Australia, this 78 00:04:29,960 --> 00:04:32,440 Speaker 1: is something that the Fair Work on Bardsman, Will, your 79 00:04:32,480 --> 00:04:35,440 Speaker 1: office and yourself have been doing for some time now. 80 00:04:35,480 --> 00:04:38,000 Speaker 1: And by the look of us, you know you've got 81 00:04:38,000 --> 00:04:42,120 Speaker 1: a situation right around Australia where unfortunately this seems to 82 00:04:42,160 --> 00:04:43,480 Speaker 1: be happening in every state. 83 00:04:44,920 --> 00:04:48,680 Speaker 2: Yes, it's a real issue in this sector. So our 84 00:04:48,839 --> 00:04:52,280 Speaker 2: job is to hold people to account, send messages that 85 00:04:52,320 --> 00:04:55,039 Speaker 2: people will not get away with it, encourage workers to 86 00:04:55,080 --> 00:04:57,920 Speaker 2: come forward to us and tell us when they think 87 00:04:57,920 --> 00:05:01,479 Speaker 2: they're being underpaid, so we can investigate. And also for 88 00:05:01,640 --> 00:05:04,880 Speaker 2: customers to take an interest. If they're paying very cheap 89 00:05:04,960 --> 00:05:07,680 Speaker 2: rates for food, they have to be suspicious of that. 90 00:05:07,960 --> 00:05:10,200 Speaker 2: I mean, how is the worker getting paid properly if 91 00:05:10,200 --> 00:05:14,039 Speaker 2: you're getting this incredible bargain on the food. So there's 92 00:05:14,080 --> 00:05:17,120 Speaker 2: a range of things we can all do. It's awareness raising, 93 00:05:17,400 --> 00:05:21,560 Speaker 2: education and we provide help. So if people phone us 94 00:05:21,600 --> 00:05:25,200 Speaker 2: one three one three ninety four, they can. It's a 95 00:05:25,279 --> 00:05:28,560 Speaker 2: free call and they can talk through any concerns they 96 00:05:28,600 --> 00:05:30,400 Speaker 2: have and we'd be happy to hear from them. 97 00:05:30,839 --> 00:05:34,680 Speaker 1: Well, fair work on Bardsman, Sandra Parker. We really appreciate 98 00:05:34,720 --> 00:05:36,679 Speaker 1: your time this morning. Is there anything else we should 99 00:05:36,720 --> 00:05:37,720 Speaker 1: know before we wrap up? 100 00:05:38,880 --> 00:05:43,640 Speaker 2: No, just so people know we actually have inspectors operating now, 101 00:05:44,360 --> 00:05:47,640 Speaker 2: so we didn't announce in advance which businesses we'd go through, 102 00:05:47,640 --> 00:05:51,359 Speaker 2: but you will see them out and about, so be 103 00:05:51,520 --> 00:05:52,120 Speaker 2: kind to them. 104 00:05:52,600 --> 00:05:55,080 Speaker 1: Well, Sandra, thank you so much for your time this morning, 105 00:05:55,120 --> 00:05:57,880 Speaker 1: and we will wait and hear the outcome for the 106 00:05:57,920 --> 00:05:59,960 Speaker 1: Northern Territory. 107 00:06:00,040 --> 00:06:03,039 Speaker 2: It's terrific. Thank you for your time. Thank you you too. 108 00:06:03,560 --> 00:06:07,120 Speaker 1: That is the fair work Onmbardsmurden for Australia. Sandra Parker 109 00:06:07,160 --> 00:06:09,680 Speaker 1: there and yeah they are out and abrout making those 110 00:06:09,680 --> 00:06:13,760 Speaker 1: surprise visits to restaurants, cafes and fast food outlets right 111 00:06:13,800 --> 00:06:18,280 Speaker 1: around Darwin this week to check compliance with those workplace laws. So, 112 00:06:18,600 --> 00:06:22,120 Speaker 1: as you've heard then from Sandra, twenty two suburbs, including 113 00:06:22,160 --> 00:06:26,920 Speaker 1: the city Palmerston, around fifty businesses will face those audits.