New Sanctions for Migrant Worker Exploitation

Do you recruit workers from overseas? The government is taking a tougher stance on migrant worker exploitation, Certex writes.

Australia has a huge migrant worker taskforce. They are often employed as labour hire workers.

Over the years, migrant workers have faced significant challenges, including being exploited by employees in relation to wages, work hours, and accommodation.

According to the Migrant Justice Institute (MJI), this law is ‘a victory for migrant workers’ – ‘We look forward to continuing to work with our powerful coalition, and with the government, to ensure that the implementation of these reforms creates strong new avenues for migrant workers to take action to address workplace exploitation’.

What’s Changing?

From 1 July 2024, the Migration Amendment (Strengthening Employer Compliance) Act 2024 amends the Migration Act 1958 to:

Create criminal and civil penalties for persons who unduly influence or coerce a migrant worker to:

• Breach a work-related condition of their visa

• Accept an exploitative work arrangement to meet a work-related condition of their visa

Ban employers who have breached employment and migration laws applying to migrant workers from employing them in the future.

Publicly name the employers who are banned from employing migrant workers.

Source: Labour Hire Authority

For example, these new provisions will criminalise an employer who coerces a backpacker to accept unacceptable working arrangements (e g underpayment, unwanted sexual conduct, poor accommodation) under the threat of dobbing them into immigration, if they are an undocumented worker.

If found guilty, the business may be added to a new Prohibited Employer List.

Visit the Parliament of Australia website to find out more.

Preparing for these Changes and Assessing the Right to Work

From July 1, business can be banned from employing migrant workers if they breach relevant employment law.

Therefore, recruiters must ensure they are compliant with the latest legislation.

You must ensure that your workers have the Right to Work in Australia and provide evidence if questioned.

With the Labour Hire Authority conducting more investigations and handing out more convictions than ever, Right to Work has become a core area of focus in talent management.

At Certex, we pride ourselves on supporting clients to meet their legal obligations and protect their workers. Our iWork Assessment is a high-level assessment of potential risks around a candidates’ Right to Work in Australia.

Alternatively, you can complete the Right to Work module of the Talent Engagement Standard (TES).