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

> act-s245AYI — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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                       (i) the undertaking has not been withdrawn;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.