Australian Border Force (ABF) officers from the Department of Home Affairs have launched a national operation targeting exploitation and abuse of migrant workers in the hospitality industry.
Taking place over six months in all state and territories, the targeted, intelligence-informed operation represents one of the biggest coordinated efforts to date by Home Affairs' Sponsor Monitoring Unit (SMU) - with more than 100 workplaces scheduled to be visited, many of them in regions not visited before.
With new compliance powers at the ready - and working with partners such as the Fair Work Ombudsman (FWO) - SMU officers will meet with employers and migrant workers to closely inspect sponsorship arrangements.
SMU National Superintendent, Jason Boyd, said the operation is already having an impact with trends starting to emerge.
Officers have discovered instances of suspected migrant worker exploitation among more than 30 employers with investigations now under way into matters of under payment, unlawful deductions and excess hours.
"A special focus of our operation is ensuring employers are not financially abusing migrant workers by charging back costs of their sponsorship," Superintendent Boyd said.
"Migrant workers have the same work conditions, rights and protections as Australian citizens. Yet we know some employers are tempted to illegally demand money from, or under pay migrant workers in violation of sponsorship obligations.
"We are sending an abundantly clear message to employers that Australia will not tolerate exploitation of vulnerable migrant workers or the visa system."
More than 50 hospitality workplaces across the country have already been subject to unannounced visits.
Superintendent Boyd said this operation was using recently introduced legal powers to help ensure sponsorship compliance, protect rights of migrant workers and remind employers of their obligations.
"This is one of the biggest nationally coordinated SMU operations I've been involved in," he said.
"These new powers really give us an enhanced range of options now to deal with those doing the wrong thing and to protect vulnerable workers.
"Employers using foreign workers must comply with both Australian workplace and immigration laws."
New rules and tougher penalties were introduced on 1 July 2024 to deter employers from using a person's immigration status to exploit them in the workplace.
Visa holders and foreign workers in Australia hold the same workplace entitlements and protections as other employees - regardless of their migration status.
Those who do the wrong thing face heavy penalties for employing and referring illegal workers, or exploiting migrant workers. Potential penalties include infringements, civil prosecution or being publicly declared a 'prohibited employer'.
Anyone with information relating to potential immigration offences or suspicious activity is encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.
