Commonwealth Consolidated Acts Commonwealth Consolidated ActsCompliance 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(i) the compliance notice has not been withdrawn;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.