Migrant Amendment Bill

Proposed amendments to the Migration Bill (Reform of Employer Sanctions) will place growers under further pressure to ensure their employees are not working in Australia illegally.

The proposed changes will require growers to establish a contractual obligation with their labour hire company to ensure that foreign workers supplied through the labour company are permitted to work in Australia.

This would mean that responsibility would ultimately lie with the grower and not the hire company which employs the foreign labour.

Current situation (example):
A vegetable grower obtains workers from a labour hire company. Would he commit an offence if one of the workers turns out to be working illegally ?

Provided the labour hire company remains the legal employer of the illegal worker, the grower would not normally commit an offence.

In this situation the labour hire company may be liable.

Once the grower discovers that the person is an illegal worker, he should end his working relationship with the worker immediately.

Growers should require their labour hire supplier to provide
evidence
that a check of all workers has been conducted

The following documents are available at:

http://www.immi.gov.au/managing-australias-borders/compliance/info-employers

• Do your employees have a valid visa to work in Australia ?

• Work entitlement checklist

For more information contact :