Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024
F2024L00919 — as made — Status: InForce — Made/registered 2024-07-23 — https://www.legislation.gov.au/F2024L00919/latest/text

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Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024
I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.
Dated 23 July 2024
Andrew Giles
Minister for Immigration, Citizenship and Multicultural Affairs
Contents
1  Name
2  Commencement
3  Authority
4  Definitions
5  Persons, bodies and government entities
6  Matters relating to workplace exploitation
1  Name
  This instrument is the Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024.
2  Commencement
  This instrument commences on the day after it is registered.
3  Authority
  This instrument is made under subregulations 1.15R(1) and (2) of the Migration Regulations 1994.
4  Definitions
Note: A number of expressions used in this instrument are defined in the Migration Act 1958 or in the Regulations, including the following:
(a) arrangement in relation to work, which has the meaning given by section 245AGA of the Migration Act 1958;
(b) government entity, which has the meaning given by regulation 1.03 of the Regulations.
  In this instrument:
Office of the Fair Work Ombudsman has the same meaning as in section 12 of the Fair Work Act 2009.
Regulations means the Migration Regulations 1994.
5  Persons, bodies and government entities
  For the purposes of regulations 2.43A and 2.43B and under subregulation 1.15R(1) of the Regulations, a person, body or government entity mentioned in column 1 of an item in the following table is determined to be a certifying entity.
	Item
No.
	Column 1
Name of entity
	Column 2
Type of entity
	Column 3
ABN

	1
	The Office of the Fair Work Ombudsman
	government
	43 884 188 232

	2
	Australian Rail, Tram and Bus Industry Union (ARTBIU)
	body
	28 921 128 419

	3
	Australian Workers’ Union
	body
	28 853 022 982

	4
	Australasian Meat Industry Employees' Union
	body
	12 206 758 691

	5
	Electrical Trades Union of Australia National Council
	body
	60 429 406 804

	6
	Human Rights Law Centre
	body
	31 117 719 267

	7
	Migrant Workers Centre
	body
	75 362 088 900

	8
	Redfern Legal Centre Ltd
	body
	31 001 442 039

	9
	SA Unions
	body
	49 207 741 085

	10
	Shop, Distributive and Allied Employees' Association (the Association)
	body
	99 789 302 470

	11
	Unions Tasmania
	body
	55 482 384 108

	12
	The Association of Professional Engineers, Scientists and Managers
	body
	99 589 872 974

	13
	UnionsACT
	body
	31 724 041 495

	14
	Transport Workers' Union of Australia
	body
	18 559 030 246

	15
	Unions NSW
	body
	43 132 138 531

	16
	UnionsWA
	body
	64 950 883 305

	17
	United Workers Union (UWU)
	body
	52 728 088 684

	18
	Western Community Legal Centre Ltd (Westjustice)
	body
	72 604 181 071

6  Matters relating to workplace exploitation
  For the purposes of regulations 2.43A and 2.43B and under subregulation 1.15R(2) of the Regulations, each of the following matters is determined to be a workplace exploitation matter:
 (a) underpayment or non-payment of wages or other workplace entitlements;
 (b) unlawful, unpaid or underpaid training or trials;
 (c) up-front payment or deposit for a job;
 (d) misclassification of workers as independent contractors instead of employees;
 (e) unlawful deductions from wages;
 (f) unfair dismissal;
 (g) non-compliance with workplace health and safety requirements;
 (h) bullying, in relation to work or an arrangement in relation to work;
 (i) sexual harassment, in relation to work or an arrangement in relation to work;
 (j) discrimination, in relation to work or an arrangement in relation to work;
 (k) coercion, undue influence or pressure, or misrepresentation, in relation to work or an arrangement in relation to work.