A recent update in the regulation of labour in Australia involves the passage of the Migration Amendment (Strengthening Employer Compliance) Bill 2023, set to be enforced from 1 July 2024. These changes stem from recommendations outlined in the Report of the Migrant Workers' Taskforce and aim to address issues of exploitation, align employment and migration laws more closely, and enhance the integrity of the Australian immigration system.
To break it down, the amendments bring about several key changes:
New Employer Sanctions: The amendments introduce fresh penalties, including criminal offenses, for individuals who use a worker's visa status or potential work-related visa requirements to coerce or exert undue pressure, forcing someone into an exploitative work arrangement.
Prohibition Measures: The Minister gains the authority to prohibit individuals (both employers and third parties) from hiring new migrant workers. The Minister can also publish a list of employers who are prohibited from engaging migrant workers.
Strengthened Compliance Framework: The compliance framework undergoes reinforcement, featuring increased penalties and tools like compliance notices and enforceable undertakings.
These amendments mark a significant expansion of the existing compliance framework. In a departure from solely regulating approved sponsors, the new framework extends its reach to all employers hiring temporary migrants, including international students and working holiday makers.
In light of these alterations, Wavelength International is ready to work together with clients, actively promoting understanding and assisting in adherence to the updated regulations. Our aim is to support and guide our clients through the changes, ensuring they are well-informed and in compliance with the new laws.
Get the right advice
Make sure to seek the correct guidance when dealing with immigration matters in Australia. Only authorised individuals, such as migration agents and lawyers, are permitted to provide immigration assistance. Furthermore, it's crucial to note that migration agents must be registered with the Office of the Migration Agents Registration Authority (OMARA).
To verify an agent's registration status, you can use the search tool on the OMARA website. At Wavelength International, our migration agents are OMARA registered, boasting decades of experience in the industry.
Feel free to reach out to Wavelength International if you need additional advice or assistance in bringing skilled workers into Australia.