Hi Jay, do you employ any migrant workers?
Yes. They are really important in my business.
Well, there are some new laws to protect migrant workers that you need to know about.
New laws? Are they for me?
Yes. The laws are for employers, including sponsors, and labour hire intermediaries.
When did they start?
The new laws began on the first of July, 2024. They protect migrants from workplace exploitation in all industries. And there are tough penalties for people who break the laws.
What do you mean by workplace exploitation?
There are a range of behaviours by employers and others in the labour chain that are considered to be exploitation.
For example, underpaying a migrant worker is exploitation, pressuring a migrant worker to work more hours than allowed by their visa conditions is exploitation, and pressuring a migrant worker to accept inadequate living conditions is exploitation.
What types of migrant workers do the new laws cover?
The laws protect all migrant workers, no matter their visa status.
This includes people who have a visa with work rights, an expired visa and those who are working in breach of their visa conditions.
Types of migrant workers include backpackers, students, and PALM scheme workers.
What happens when a business breaks the laws?
Each situation is different, but people who deliberately, seriously or repeatedly break the laws can be fined or jailed.
To protect vulnerable workers, some employers can also be stopped from hiring more migrant workers for a period of time.
Did you say I can be stopped from hiring additional migrant workers?
Yes, this is a new measure called a Prohibition declaration.
Prohibited employers will have their name and Australian Business Number published on the Australian Border Force website for as long as their prohibition declaration lasts.
Where can I find out more about the new laws?
You can learn more about the new laws including frequently asked questions at homeaffairs.gov.au/migrant-worker-protections
