When a person is subject to a migrant worker sanction—failure to comply with certain compliance notices
act-s245AYJ — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AYJ When a person is subject to a migrant worker sanction—
        failure to comply with certain compliance notices

               Compliance notice in relation to contravention of relevant fair
               work provision
          (1) A person (the first person) is subject to a migrant worker sanction
              if the Minister is satisfied that:
                (a) an inspector has given the first person a compliance notice
                     under subsection 716(2) of the Fair Work Act 2009 in
                     relation to a 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
                 (b) a court has confirmed the compliance notice after reviewing
                     it under subsection 717(1) of that Act; 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 failed to comply with the compliance
                     notice and the first person does not have a reasonable excuse
                     for so failing.
          (2) A person (the first person) is subject to a migrant worker sanction
              if the Minister is satisfied that:
                (a) an inspector has given the first person a compliance notice
                     under subsection 716(2) of the Fair Work Act 2009 in
                     relation to a 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
                (b) all of the following apply:
                       (i) the compliance notice has not been withdrawn;










                      (ii) the first person has not made an application under
                           subsection 717(1) of that Act in relation to the
                           compliance notice;
                     (iii) a court has not cancelled the compliance notice after
                           reviewing it under that subsection; 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 failed to comply with the compliance
                     notice and the first person does not have a reasonable excuse
                     for so failing.

               Compliance notice 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) an inspector has given the person a compliance notice under
                     subsection 716(2) 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 confirmed the compliance notice after reviewing
                     it under subsection 717(1) of that Act; and
                (c) the person has failed to comply with the compliance notice
                     and the person does not have a reasonable excuse for so
                     failing.
          (4) A person is subject to a migrant worker sanction if the Minister is
              satisfied that:
                (a) an inspector has given the person a compliance notice under
                     subsection 716(2) 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 compliance notice has not been withdrawn;








                       (ii) the person has not made an application under
                            subsection 717(1) of that Act in relation to the
                            compliance notice;
                      (iii) a court has not cancelled the compliance notice after
                            reviewing it under that subsection; and
                  (c) the person has failed to comply with the compliance notice
                      and the person does not have a reasonable excuse for so
                      failing.