Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245ayj:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AYJ (pt 1/2)
Character Range: 726341–728938

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 (i) the compliance notice has not been withdrawn;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