Through our work, we have strengthened workplace rights awareness and supported employers to navigate Australia's migration and workplace laws with confidence.
Employers play a vital role in creating fair, safe and lawful workplaces for everyone, including migrant workers and temporary visa holders. Below is information on employers' legal responsibilities, recent changes to workplace laws and the penalties for non compliance. Ensure your business meets all employment standards and helps protect the rights of every worker.
EXPLOITATION
Under the Migration Act, it is now a criminal offence for employers, labour hire providers and others in an employment chain to:
- Coerce or pressure a temporary visa holder to breach their work related visa condition
- Coerce or pressure a non citizen without a valid visa to accept or agree to an arrangement in relation to work
- Use a worker's temporary visa status to exploit them in the workplace. This includes coercing or pressuring a temporary visa holder in relation to existing visa conditions or requirements to support future applications
RULES
As part of Australia's migrant worker protections, the government has introduced a powerful enforcement tool: the Prohibited Employer Register.
From 1 July 2024, employers, sponsors and labour hire firms who seriously exploit or repeatedly mistreat migrant workers can now be officially banned from employing more migrant workers on temporary visas for a period of time.
Download A4 factsheetRESPONSIBILITIES
Everyone working in Australia has basic rights and protections in the workplace, including minimum pay and conditions, regardless of their visa status. No employment contract can take away these rights, regardless of what the worker has agreed to.
Download A4 factsheetMIGRANT WORKERS
Any business in Australia can help a worker stand up for their rights. Reporting workplace exploitation early means a worker can get the support they need as soon as possible, and it helps to create a level playing field for all businesses in Australia.
Download A4 factsheetTO CHECK
WORK RIGHTS
Every employer in Australia is responsible for making sure their staff have the right to work. That includes citizens, permanent residents, and anyone on a visa. If an employer employs or plans to employ someone who is not an Australian citizen or permanent resident, they are legally required to confirm that the worker has the right to work in Australia.
The easiest way to check visa conditions is through the Visa Entitlement Verification Online (VEVO) system.
Download A4 factsheetPENALTIES
The Australian government has introduced higher penalties and stronger tools to deter exploitation, including new laws to crack down on employers who exploit migrant workers.
From 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence. The Fair Work Ombudsman can now investigate suspected criminal underpayment offences and refer matters to the Commonwealth Director of Public Prosecutions or the Australian Federal Police for possible criminal prosecution.
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