Employers and labour hire intermediaries must follow laws relating to employment, including the laws set out under the Fair Work Act and Migration Act.
Workers are covered by the Fair Work Act regardless of their immigration status.
As an employer, if you break the law you may:
- receive a compliance notice that will direct you to take specific action or stop doing something
- be required to enter a legally binding agreement called an enforceable undertaking, to take certain action or stop a particular behaviour
- be fined, or face other relevant penalties.
For serious, deliberate or repeated breaches, you may face prosecution. Penalties include:
- up to 2 years' jail
- fines of up to $112,680 (360 penalty units).
Employers found to have engaged in serious, deliberate or repeated exploitation may be prohibited from employing more temporary visa holders for a period of time.
Prohibited employers will be listed on the
Australian Border Force website and will be subject to additional reporting after the prohibition ends.
You may face prosecution if you breach the prohibition, for example by hiring more temporary visa holders during the period of the prohibition.
Know your responsibilities as an employer or a labour hire intermediary
As an employer of temporary visa holders, you must know your
employer responsibilities.
Before you employ a migrant worker, it is your responsibility to check they can legally work in Australia.
You can check a potential employee’s work conditions through the free online system,
VEVO. You must get the visa holder’s permission.
Frequently asked questions
What are the new laws?
The new laws make it a criminal offence to coerce, unduly influence or pressure a:
- temporary visa holder to break a visa-related work condition
- non-citizen without a valid visa to accept a work-related arrangement
- temporary visa holder to accept or agree to an arrangement relating to work.
It is already against the law to hire a non-citizen without a valid visa.
These new offences add extra penalties for using someone’s immigration or temporary visa status (including as it relates to future visa applications) to exploit them in the workplace.
What does an arrangement in relation to work mean?
This refers to both work and non-work related matters that might arise in the workplace.
These situations could include:
- underpaying a migrant worker
- threatening to cancel their visa (employers cannot cancel visas)
- coercing a migrant worker to engage in unwanted sexual acts.
It could also include situations where a worker is unduly influenced, pressured or coerced into:
- surrendering their passport
- working more hours than allowed by their visa conditions
- accepting inadequate living conditions, such as poor housing, inadequate meals or access to running water and electricity.
What happens if I break the law?
The new laws give enforcement officers additional tools to respond proportionately depending on the circumstances of the case.
For example, in some circumstances you may receive a compliance notice directing you to take specific action or stop doing something so you can follow the law. In other circumstances, you may be prosecuted and face serious consequences.
How does the prohibition measure work?
From 1 July 2024, employers found to have seriously, deliberately or repeatedly broken the law may be prohibited from employing additional migrant workers for a period of time, depending on the nature and severity of the breach. The aim is to protect migrant workers. A prohibited employer’s business name and ABN will be published on the
Australian Border Force website.
The prohibited employer must also complete 12 months of additional reporting to the Department of Home Affairs after the prohibition ends.
How long does a prohibition measure last?
- No maximum for an offence relating to human trafficking and modern slavery.
- A maximum of 10 years for a criminal offence (other than those offences relating to human trafficking and modern slavery).
- Up to 5 years for all other migrant worker sanctions.
Will I know before I am declared a prohibited employer?
If you are under consideration for a prohibition declaration, you will receive a letter inviting you to explain why you should not be declared a prohibited employer. You will have a minimum of 28 days to respond. The letter will specify if a longer period time has been granted for this response.
Can I contest a prohibition?
Yes, a prohibited employer may potentially seek review in the Administrative Appeals Tribunal.
If I am declared a prohibited employer, what will happen if I hire more temporary visa holders during that time?
It is a criminal offence to breach a prohibition order. Penalties include up to 2 years’ jail, a fine of up to $112,680 (360 penalty units) or both.
As an employer of temporary visa holders, where can I check their visa conditions?
It is your responsibility as an employer to understand your employees’ visa conditions. You can do this by using the Department’s
Visa Entitlement Verification system (VEVO).
