Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245ayi:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AYI (pt 1/2)
Character Range: 723363–725982

245AYI  When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc.

Undertaking in relation to contravention of civil remedy provision (within the meaning of the Fair Work Act 2009)
 (1) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) the Fair Work Ombudsman has accepted an undertaking given by the first person under section 715 of the Fair Work Act 2009 in relation to a contravention of a civil remedy provision (within the meaning of that Act); and
 (b) a court has made one or more orders under subsection 715(7) of that Act in relation to the undertaking; 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).
 (2) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) the Fair Work Ombudsman has accepted an undertaking given by the first person under section 715 of the Fair Work Act 2009 in relation to a contravention of a civil remedy provision (within the meaning of that Act); and
 (b) all of the following apply:
 (i) the undertaking has not been withdrawn;
 (ii) an application for an order under subsection 715(7) of that Act in relation to the undertaking has not been made;
 (iii) a court has not made one or more orders under that subsection in relation to the undertaking; 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 contravened a term of the undertaking.

Undertaking 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) the Fair Work Ombudsman has accepted an undertaking given by the person under section 715 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 made one or more orders under subsection 715(7) of that Act in relation to the undertaking.
 (4) A person is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) the Fair Work Ombudsman has accepted an undertaking given by the person under section 715 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)