Fair Work’s Knocking - Are You Compliant?
Surprise audits are on. Here’s what’s happening and how to protect your business.
If you’re a small or medium business owner - especially in hospitality, beauty, health, or manufacturing - you should know that Fair Work and Border Force are actively visiting businesses.
Just this week, around 40 businesses across Victoria’s Mornington Peninsula, Phillip Island, and Melbourne suburbs like Frankston, Dandenong and Clayton were subject to unannounced inspections.
These visits are part of a national compliance campaign targeting employers of migrant workers, particularly those on temporary skilled visas (subclass 482 and 494).
Inspectors reviewed:
- Time and wage records
- Payslips
- Award coverage and classification
- Understanding of recent law changes (e.g. Right to Disconnect)
Businesses in fast food, cafés, hair and beauty, recreation, and manufacturing were among those inspected - all employing workers who may be vulnerable to underpayment or exploitation.
What This Means for SMEs
If you employ any visa holders - full-time, part-time, or casual - this matters:
- Spot Checks Are Real
This isn’t a warning - it’s already happening. Fair Work and Border Force are conducting joint audits across Australia, and SMEs are firmly on the radar.
- Compliance Isn’t Optional
Recent legal changes under the Migration Amendment (Strengthening Employer Compliance) Act mean it's now a criminal offence to exploit a worker based on visa status - including intentional underpayment or using immigration status as leverage.
Penalties include:
- Fines up to $118,800
- Up to 2 years’ jail in serious cases
This applies even if you didn’t realise the visa status implications - which is why proactive checks are so important.
What You Can Do Right Now
You don’t need to overhaul everything overnight - but here are three simple steps to stay on the right side of the law:
- Audit Your Records
Check that timesheets, payslips, and rosters are complete, accurate, and stored correctly. These are often the first things inspectors ask for. - Confirm Pay and Visa Conditions
Use Fair Work’s Pay Calculator and check visa conditions with the VEVO system. Make sure your employees are working within their visa limitations and getting the correct pay for their award level. - Understand the New Laws
Changes like the Right to Disconnect (which applies to small businesses from August 2025) and the migration law reforms mean even small employers must stay informed - or risk unintentional breaches.
You Don’t Have to Navigate It Alone
The good news? You don’t need to be an expert in all 120 awards or visa subclasses. But you do need to be across the basics - and know where to turn for help when something feels unclear.
We have a range of free tools and checklists available, and you can always reach out if you need a second opinion on how the rules apply to your team.
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