Protection for Visa Holders from Work Exploitation (Strengthening Employer Compliance)
The Migration Amendment (Strengthening Employer Compliance) Act 2024, effective 1 July 2024, marks a significant advancement in protecting the rights of migrant workers in Australia. This legislation amends the Migration Act 1958 to combat the exploitation of migrant workers and promote a fair workplace environment.
What are the Key Provisions?
No Tolerance for Exploitation
The new laws specifically target exploitative practices by making it illegal for employers and labour-hire intermediaries to:
Coerce Temporary Visa Holders: Pressuring temporary visa holders to breach their visa conditions is now prohibited.
Exploit Non-Citizens: Coercing non-citizens without valid visas into accepting work arrangements is outlawed.
Discriminate Based on Visa Status: Employers cannot pressure workers based on their temporary visa status.
Expanded Protection Scope
These laws address a range of exploitative practices, including:
Underpayment: Employers can no longer underpay migrant workers.
Excessive Working Hours: Workers cannot be pressured to exceed their permitted work hours.
Visa Threats: Threatening to cancel a worker’s visa or coercing them into surrendering their passport is prohibited.
Sexual Exploitation and Poor Living Conditions: Workers are protected from unwanted sexual acts and from being forced to accept inadequate living conditions, such as insufficient housing and lack of basic amenities.
All-rounded Protection for all Migrant Workers
A notable feature of these laws is their comprehensive protection of all migrant workers, regardless of their visa status. This means:
Under the new regulations, all migrant workers are protected, whether they have valid work visas, expired visas, or are working in breach of their visa conditions.
This inclusive approach helps ensure that no worker is vulnerable to exploitation due to their migration status.
New Reporting Mechanisms
To enforce these laws, the government has established mechanisms for reporting exploitation. Workers can report issues through:
How Can Agape Henry Crux Help
The Migration Amendment (Strengthening Employer Compliance) Act 2024 aims to safeguard the rights of migrant workers by prohibiting exploitative practices and offering comprehensive protections. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.