find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Who protects migrant workers?

Who protects migrant workers?

Promoted by

THE PENALTIES imposed on 7-Eleven proprietors for underpaying migrant workers provide a perfect example of how various areas of law interact.

 

Just recently, the Fair Work Ombudsman imposed the record penalty of over $400,000 on a business owner who had been found to have forced his employees to secretly reimburse him the thousands of dollars he had paid them in owed back pay.

It is not unusual in cases such as these that there are also findings that employees are often manipulated into breaching visa conditions holding the threat over their heads that they will be reported to the Department of Immigration and Border Protection (DIBP) with the aim of having them deported.

The Office of the Fair Work Ombudsman, the Australian Taxation Office (ATO) and the DIBP share information and work closely in cases such as these. In fact, it is a condition of approval that Subclass 457 sponsoring employers must co-operate with Fair Work Inspectors. Similarly, the ATO and the DIBP co-operate in identifying migrant workers to ensure they have been paid in accordance with Australian industrial legislation.

While these joint operations may not provide the perfect protective safeguards from exploitation for all migrant workers in Australia, these programs are being continually upgraded and very adept at detecting breaches across this and other areas of the law.

If this has piqued your interest in this exciting and ever-growing area of law, the MIA’s Immigration Essentials for Lawyers program can take you from a basic understanding to the essentials for practice in the area.


Angela Julian-Armitage is the National President and Qld/NT State President of the Migration Institute of Australia and a practising Barrister at the Queensland Bar. Angela operates a Migration Law practice and assists solicitors and RMAs with Review and Appeal work in the area of Migration Law. In addition to her Migration Law expertise, Angela conducts a wideranging commercial practice.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Who protects migrant workers?
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...