Protection to Temporary Migrant Workers: Strengthening Employer Compliance Act

Australia is set to enhance its commitment to fair employment practices by introducing the Strengthening Employer Compliance Act effective 1 July 2024. This landmark legislation aims to protect temporary migrant workers from exploitation and ensure employers adhere to ethical hiring practices. 
 

What should I know about the Strengthening Employer Compliance Act?

The Strengthening Employer Compliance Act introduces several critical measures: 

1. Criminalising Coercion 

• New Offence: Coercing or unduly pressuring individuals into violating their work-related visa conditions will be a criminal offence. 

• Targeting Exploitation: This provision specifically aims to prevent the exploitation of temporary visa holders, such as forcing international students to exceed the 48-hour work cap or making working visa holders work beyond the six-month restriction. 
   

2. Prohibiting Convicted Employers 

• Hiring Bans: Employers convicted of violating the Act will be prohibited from hiring temporary visa holders for a period ranging from five to ten years or indefinitely, depending on the severity of the offence. 
   

3. Public Disclosure 

• Transparency Measures: The names of employers who are prohibited from hiring will be published on the Home Affairs website, allowing potential employees to make informed decisions. 
   

4. Enhanced Penalties 

• Increased Fines and Imprisonment: 

  • Criminal penalties can include up to two years imprisonment or fines of up to 360 penalty units (approximately AUD 112,680). 

  • Civil penalties may reach 240 penalty units (approximately AUD 75,120). 
     

5. Empowering Authorities 

• Increased Enforcement Powers: The Australian Border Force (ABF) will receive enhanced powers to issue enforceable undertakings and compliance notices, strengthening the Act's enforcement. 
   

6. Encouraging Reporting 

• Repeal of Section 235: This change removes the offence for visa holders who breach work conditions, encouraging victims of exploitation to report issues without fear of repercussions. 
   

7. Consideration of Exploitation 

• Prioritisation of Compliance Violations: Exploitation matters will be prioritised under Section 116 of the Migration Act, ensuring they are addressed promptly and effectively. 
   

What are the implications for employers?

The Strengthening Employer Compliance Act sends a strong message: exploiting temporary migrant workers will not be tolerated. Employers must strictly adhere to visa work conditions and ensure ethical hiring practices. Key implications include: 

• Increased Accountability: Employers must ensure compliance with the new regulations or face severe penalties and hiring bans. 

• Enhanced Transparency: Public disclosure of prohibited employers allows potential employees to make informed choices, which can impact employers’ reputations. 

• Need for Compliance Support: As the complexities of migration laws and compliance requirements grow, employers may seek guidance to navigate these changes effectively.

How Can Agape Henry Crux Help  

With the Strengthening Employer Compliance Act coming into effect, maintaining compliance while supporting your immigrant workforce is important. Working with Agape Henry Crux, our Accredited Specialist Immigration Lawyers, and our team of immigration lawyers and registered migration agents can help you navigate this new era of employer compliance and worker protection. The team specialises in handling highly complex matters.  You can book 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, and Malay. If this isn’t your language, we can also help you arrange an interpreter.

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.