Fair Work Ombudsman targeting fast food

The Fair Work Ombudsman has begun its random audits for 2010.

Between February and May 2010 fast food businesses in South Australia, including, but not limited to, fast-food franchises, fish and chip shops, pizza shops and take-away food outlets, will be targeted by the Fair Work Ombudsman.

This means that the Fair Work Ombudsman can make a surprise call to any business in the industry and ask to review documentation to ensure compliance on any of the following:

  • awards and agreements;
  • minimum wages;
  • penalties and overtime;
  • annual and personal leave accrual; and
  • record-keeping and payslips.

To minimise the risk of non-compliance and penalties, businesses should consider if they are paying their employees the correct minimum wages, loadings, penalties and overtime in accordance with the relevant award, leave is accrued appropriately and the keeping of specific records is carried out.

It is of particular importance that businesses who are covered by the new Modern Awards and National Employment Standards (NES) are complying with the new conditions and requirements.

However, businesses need to keep in mind that although most aspects of Modern Awards came into force on 1 January 2010, wages, penalties and loadings in most previous awards will remain in place until 1 July 2010.

In the case where non-compliance issues are detected, the Fair Work Ombudsman will generally provide information and request the employer to voluntarily rectify any issues.

However, where breaches are serious, deliberate or caused by negligence, the Fair Work Ombudsman may launch a full-scale audit which could lead to prosecution and penalties of up to $33,000 per breach.

Businesses are strongly recommended to call Business SA for assistance if the Fair Work Ombudsman has identified non-compliance within their workplace who can assist in dealing with the Fair Work Ombudsman, and if necessary, provide representation in Fair Work Australia.

To ensure you are complying with the necessary legislation and award requirements, subscribe to our Award Service, which as part of your subscription, will provide you with free unlimited access to our Telephone Advisory Service providing interpretation and advice on your relevant awards, employment conditions and wages, and how to implement them into your business.

Call us on 8300 0101.

Adelaide Office

Level 1
136 Greenhill Road Unley
South Australia 5061

P 08 8300 0000
F 08 8300 0001



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