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

> act-s245AYH — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).