When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc.
Undertaking in relation to contravention of civil remedy provision (within the meaning of the Fair Work Act 2009) (1) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that: (a) the Fair Work Ombudsman has accepted an undertaking given by the first person under section 715 of the Fair Work Act 2009 in relation to a contravention of a civil remedy provision (within the meaning of that Act); and (b) a court has made one or more orders under subsection 715(7) of that Act in relation to the undertaking; and (c) 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). (2) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that: (a) the Fair Work Ombudsman has accepted an undertaking given by the first person under section 715 of the Fair Work Act 2009 in relation to a contravention of a civil remedy provision (within the meaning of that Act); and (b) all of the following apply: (i) the undertaking has not been withdrawn; (ii) an application for an order under subsection 715(7) of that Act in relation to the undertaking has not been made; (iii) a court has not made one or more orders under that subsection in relation to the undertaking; and (c) 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); and (d) the first person has contravened a term of the undertaking. Undertaking in relation to contravention relating to advertisement of rates of pay (3) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) the Fair Work Ombudsman has accepted an undertaking given by the person under section 715 of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and (b) a court has made one or more orders under subsection 715(7) of that Act in relation to the undertaking. (4) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) the Fair Work Ombudsman has accepted an undertaking given by the person under section 715 of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and (b) all of the following apply: (i) the undertaking has not been withdrawn; (ii) an application for an order under subsection 715(7) of that Act in relation to the undertaking has not been made; (iii) a court has not made one or more orders under that subsection in relation to the undertaking; and (c) the person has contravened a term of the undertaking.
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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