The Border Force is cracking down on employers taking advantage of both legal and illegal migrant workers. Photo: Australian Border Force.
Australian Border Force officers from the Department of Home Affairs have launched an operation targeting the abuse and exploitation of migrant workers in hospitality.
The operation, taking place over six months and targeting each state and territory, is one of the biggest efforts coordinated by the Home Affairs Sponsor Monitoring Unit (SMU). More than 100 workplaces are scheduled to be visited in an operation informed by meticulously gathered intelligence.
Using new compliance powers and working alongside governmental partners such as the Fair Work Ombudsman, the SMU officers will meet employers and migrant workers to closely scrutinise sponsorship arrangements.
SMU officers have discovered cases of suspected migrant worker exploitation among more than 30 employers, and investigations are underway into issues of unlawful deductions, excess hours and underpayment.
More than 50 workplaces have already been subject to unannounced visits.
“A special focus of our operation is ensuring employers are not financially abusing migrant workers by charging back costs of their sponsorship,” SMU national superintendent Jason Boyd said.
“Migrant workers have the same work conditions, rights and protections as Australian citizens. Yet we know some employers are tempted to illegally demand money from, or underpay, migrant workers in violation of sponsorship obligations.
“We are sending an abundantly clear message to employers that Australia will not tolerate exploitation of vulnerable migrant workers or the visa system.”
Superintendent Boyd said the operation was using recently created legal powers to ensure compliance, protect migrant workers’ rights and ensure employers fulfilled their legal obligations.
“These new powers really give us an enhanced range of options now to deal with those doing the wrong thing and to protect vulnerable workers,” he said.
“Employers using foreign workers must comply with both Australian workplace and immigration laws.”
The new laws referred to were introduced on 1 July, 2024, to prevent employers from using a person’s immigration status to exploit them.
Those hiring or referring illegal migrant workers and those exploiting migrant workers face heavy penalties, including civil prosecution or being declared a “prohibited employer”.
If you have information about a potential offence or suspicious activity, you are encouraged to contact Home Affairs or make a report online at Border Watch. Reports can be made anonymously.
