LIN 24/057
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
This instrument is the Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024.
This instrument commences on the day after it is registered.
This instrument is made under subregulations 1.15R(1) and (2) of the Migration Regulations 1994.
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.