When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009
Contravention of civil remedy provisions (within the meaning of the Fair Work Act 2009) (1) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) a FW order has been made against the person in relation to a contravention of a civil remedy provision (within the meaning of the Fair Work Act 2009); and (b) the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non‑citizen (other than the holder of a permanent visa). Contravention relating to the advertisement of rates of pay (2) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) a FW order has been made against the person in relation to a contravention of subsection 536AA(1) or (2) of the Fair Work Act 2009 (employer obligations in relation to advertising rates of pay); or (b) both of the following apply: (i) a FW order has been made against the person in relation to a contravention of subsection 716(5) of that Act (failure to comply with compliance notice); (ii) the relevant compliance notice given under section 716 of that Act related to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay). Contravention relating to compliance notices (3) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) a FW order has been made against the person in relation to a contravention of subsection 716(5) of the Fair Work Act 2009 (failure to comply with compliance notice); and (b) the relevant compliance notice given under section 716 of that Act related to a contravention (the original contravention) of: (i) a provision of the National Employment Standards (within the meaning of that Act); or (ii) a term of a modern award (within the meaning of that Act); or (iii) a term of an enterprise agreement (within the meaning of that Act); or (iv) a term of a workplace determination (within the meaning of that Act); or (v) a term of a national minimum wage order (within the meaning of that Act); or (vi) a term of an equal remuneration order (within the meaning of that Act); and (c) the original contravention related, wholly or partly, to another person who, at the time of the original contravention, was a non‑citizen (other than the holder of a permanent visa).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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