Worker Protection Legislation

The Migration Legislation (Worker Protection) Act 2008 was proclaimed this week to commence on 14 September 2009.

The purpose of the Act is to preserve the integrity of the local labour market and to ensure that the working conditions of foreign workers (mostly 457 visa holders) meet Australian standards.

There are four broad categories of changes:

1. the sponsorship undertakings will now be legislated (rather than being a promissory undertaking). This means that the undertakings can be changed by amendment;
   
2. there will be tougher sanctions, including civil penalty provisions for non-compliance with the undertakings. These powers will include powers of a Court to order repayment of debts owing to visa holders (currently recourse is through employment laws). The objective is to provide more meaningful penalties for non-compliance;
   
3. there will be greater sharing of information about visa holders between government departments and agencies; and
4. there will be a monitoring regime to promote compliance with sponsorship obligations which provides for the appointment of inspectors with powers to enter premises and require documents or things in relation to a sponsor’s compliance with the sponsorship obligations and other requirements.

These changes won't affect the great number of honest employers who already meet their obligations, but it may help to clamp down on the small rogue element that is always present.