Protection for Migrant Workers: Migration Amendment (Strengthening Employer Compliance) Act to combat exploitation

The Australian government has taken a significant step towards safeguarding the rights of migrant workers through the Migration Amendment (Strengthening Employer Compliance) Act 2024. Effective on 1 July 2024, these new laws amend the Migration Act 1958 to tackle the exploitation of migrant workers, ensuring a fairer and more just workplace environment. 

Addressing exploitation  

The new laws specifically target exploitation by making it illegal for employers and labour-hire intermediaries to coerce or pressure temporary visa holders to breach their visa conditions. Additionally, it is now unlawful to exploit workers based on their visa status, such as: 

• Coercing or pressuring a temporary visa holder to break their work visa rules 

• Coercing or pressuring a non-citizen without a valid visa to accept a work-related arrangement 

• Coercing or pressuring a worker because of their temporary visa status 

Protection scope 

Under these laws, a wide range of exploitative practices are addressed. Employers can no longer underpay migrant workers or pressure them to work beyond their allowed hours. Threatening to cancel a worker’s visa or coercing them into handing over their passport are also prohibited. Furthermore, the laws protect workers from being forced into unwanted sexual acts or accepting inadequate living conditions, such as poor housing or lack of basic amenities like water and electricity.  

Comprehensive protection 

One of the most significant features of the new laws is the comprehensive protection they provide, regardless of the worker’s visa status. This means that all migrant workers are protected under the new regulations, whether they have valid work visas, expired visas, or are working in breach of their visa conditions. This inclusive approach ensures that no worker is left vulnerable to exploitation due to their migration status. 

Reporting Mechanisms 

To enforce these laws and offer ways to report issues, the government has established reporting mechanisms for workers facing exploitation through the Fair Work Ombudsman and Border Watch 

For further details, visit the Migrant Worker Protections page on the Department of Home Affairs website.  

For more information and to arrange an online consultation, please contact our expert team at aisupport@absoluteimmigration.com.