Section 245AYI — When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc.

245AYI 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(i) the undertaking has not been withdrawn;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.