The Fair Work Ombudsman has launched a new national campaign to ensure employers have the basics right in their workplaces. 

Across Australia 1,000 businesses are being audited as part of the Workplace Basics campaign. These businesses were selected following analysis of the Fair Work Ombudsman’s intelligence reports, including its anonymous reports.

Under the campaign, Fair Work Inspectors will instruct businesses in the wide range of free resources available to help them meet their record-keeping and pay-slip obligations.

Inspectors will also be checking the time and wage records of randomly selected businesses across a wide range of industries, particularly in sectors that employ large numbers of vulnerable workers, such as casuals, migrants and students. These sectors will include fast food, restaurant and café sectors as well as retail, security and manufacturing. Businesses within service networks and part of labour supply chains will also be examined.

Law changes passed last year to protect vulnerable workers include significantly higher penalties for non-compliant businesses. Under the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017, companies involved in serious contraventions now face penalties of up to $630,000 per contravention. The maximum penalties for individuals are now $126,000 per contravention.

The Act also doubled the maximum penalty for failing to keep employee records or issue pay slips to $63,000 for a company and $12,600 for an individual, and tripled the maximum penalty for knowingly making or keeping false or misleading employee records to $12,600 for an individual.

A reverse onus of proof can also now apply, meaning that employers who don’t meet record-keeping or pay slip obligations and can’t give a reasonable excuse will need to disprove allegations of underpayments made in a court.

Acting Fair Work Ombudsman Kristen Hannah says the Fair Work Ombudsman consistently finds employers getting the basics wrong.

“If a business cannot get the basic requirements right, then there’s going to be a whole host of problems down the track for the workers and also the employer,” said Ms Hannah.

“Our field-based activities will shine a spotlight on those hotspots of concern across Australia. We will not hesitate to take action at any time where there is evidence of serious, repeated or deliberate breaches, including the commencement of legal proceedings.

“It is imperative that businesses make themselves aware of their obligations as the potential penalties for such contraventions have never been higher,” says Ms Hannah.

The Fair Work Ombudsman recently launched an online training course aimed at ensuring employers understand their record-keeping obligations. It is available via the agency’s award-winning Online Learning Centre at www.fairwork.gov.au/learning.

Employers and employees can seek assistance at www.fairwork.gov.au.