When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009
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)
A person is subject to a migrant worker sanction if the Minister is satisfied that:
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
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
A person is subject to a migrant worker sanction if the Minister is satisfied that:
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
both of the following apply:
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);
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
A person is subject to a migrant worker sanction if the Minister is satisfied that:
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
the relevant compliance notice given under section 716 of that Act related to a contravention (the original contravention) of:
a provision of the National Employment Standards (within the meaning of that Act); or
a term of a modern award (within the meaning of that Act); or
a term of an enterprise agreement (within the meaning of that Act); or
a term of a workplace determination (within the meaning of that Act); or
a term of a national minimum wage order (within the meaning of that Act); or
a term of an equal remuneration order (within the meaning of that Act); and
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).
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