Australia's New Laws Protect Migrant Workers | Australia Immigration Updates

The Migration Amendment (Strengthening Employer Compliance) Act 2024 has introduced significant changes to the Migration Act 1958, aiming to curb the exploitation of migrant workers. These amendments are designed to deter employers and others in the labor chain from exploiting individuals based on their migration status and to ensure fair competition among businesses.

Starting from 1 July 2024, the new laws are intended to:

• Reduce the exploitation of temporary migrant workers.
• Increase compliance among employers.
• Improve justice outcomes in the workplace.

Three new work-related offenses have been established, making it illegal for employers, sponsors, and labor hire intermediaries to:

• Coerce or pressure a temporary visa holder to breach their work-related visa conditions.
• Coerce or pressure a non-citizen without a valid visa to accept or agree to a work-related arrangement.
• Use a worker's temporary visa status to exploit them in the workplace.

These laws address various scenarios where exploitation might occur, including:

• Underpaying migrant workers.
• Pressuring migrant workers to work more hours than their visa conditions allow.
• Threatening to cancel a migrant worker’s visa (noting that employers do not have the authority to cancel visas).
• Coercing migrant workers to surrender their passports.
• Forcing migrant workers into unwanted sexual acts.
• Pressuring migrant workers to accept substandard living conditions, such as inadequate housing, meals, or access to running water and electricity.

These protections apply to all migrant workers, regardless of their visa status. This includes individuals with work rights, those with expired visas, and those working in breach of their visa conditions.