Bolstering Protections for Temporary Migrant Workers: The 2023 Migration Amendment Bill

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.

#temporarymigrantworkers #workerexploitation #migrationamendmentbill

#employercompliance #fairworkenvironment