Section 245AYH — When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009

245AYH 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).