The Migration Amendment (Strengthening Employer Compliance) Bill 2023 marks a
significant step towards fortifying employer compliance measures and safeguarding
temporary migrant workers from exploitation in Australia. This crucial legislation aims to put
into action Recommendations 19 and 20 from the 2019 Report of the Migrant Workers’
Taskforce.
In essence, the Bill introduces criminal offenses that will hold employers accountable if they
coerce temporary migrant workers into violating their visa conditions. This serves as a
robust deterrent against employers who might exploit vulnerable workers. Furthermore, it
establishes a mechanism to prevent such employers from hiring additional migrant workers
for a specific period as a consequence of their misconduct.
Recognising the need to deter employers from exploiting temporary migrant workers, the
Bill also proposes measures to foster voluntary compliance and enforces stricter penalties
for violations of workplace laws. This multifaceted approach aims to curb instances of
worker exploitation and create a safer and fairer work environment for all.
Crucially, the Bill seeks to remove barriers that deter temporary migrant workers from
reporting exploitation. Often, these workers fear jeopardising their visa status when
reporting abuses. By addressing these disincentives, the legislation encourages a culture of
transparency and accountability.
It’s worth noting that some provisions of this Bill had been previously introduced in the
Migration Amendment (Protecting Migrant Workers) Bill 2021, which lapsed before the
2022 election. This reiteration underscores the government’s commitment to addressing
this pressing issue.
The Migration Amendment (Strengthening Employer Compliance) Bill 2023 forms a vital
component of the broader strategy to combat migrant worker exploitation. The Australian
government has unveiled a comprehensive "package of measures" dedicated to this cause,
incorporating legislative changes as well as other initiatives.
While public commentary on the Bill is limited at this stage, the overarching concern of
temporary migrant worker exploitation has garnered considerable attention from
stakeholders and advocacy groups. Several recent reports and calls for government action
have underscored the urgency of addressing this issue.
The Migration Amendment (Strengthening Employer Compliance) Bill 2023 is a significant
legislative move aimed at protecting the rights and well-being of temporary migrant
workers in Australia. By introducing stringent measures and penalties, the government is
taking a proactive stance against worker exploitation, paving the way for a fairer and more
equitable labor market.
If your an employer please contact timothy@klintsaris.com to learn more about the
amendment and your compliance obligations.
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#employercompliance #fairworkenvironment