A Western Australian business has become the first in the nation to be publicly named and shamed by the Australian Border Force (ABF) for exploiting vulnerable migrant workers under strong new laws introduced by the Albanese Labor Government.
ABF Field Operations and Sponsor Monitoring (FOSM) officers from its Sponsor Monitoring Unit (SMU) have issued Perth-based Eatalian Deli (WA) Pty Ltd with an Employer Prohibition Notice under the Migration Amendment (Strengthening Employer Compliance) Act 2024 (SEC Act).
It's the first prohibition notice issued under the SEC Act.
It means Eatalian Deli are prohibited from employing migrant workers for five years, and they become the first sanctioned employer to be added to the public-facing ABF website's new Prohibited Employer Register (Prohibited Employer Register). The register ensures consumers and visa applicants have visibility of employers who have been sanctioned under the new regime.
The company came under scrutiny late last year over misleading information in their migrant worker sponsorship application and were subsequently sanctioned for serious non-compliance.
ABF officers across the country are actively scrutinising the status of employers' sponsorship agreements - as well as regularly making unannounced visits to workplaces to protect workers and expose employers who are exploiting migrant workers.
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.
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'.
The new laws, for example, make it a criminal offence for employers to use a person's immigration status to exploit them in the workplace. Criminal penalties include 2 years' jail and/or a $118,800 fine.
Anyone with information relating to potential immigration offences, suspicious activity or knowledge of abuse of migrant workers is encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.
Quotes attributable to Assistant Minister the Hon Julian Hill MP
"Every worker in Australia deserves a safe workplace and enjoys the same legal protections. But for too long dodgy employers have been exploiting migrant workers with threats to their visa status.
"The Government's new laws are in force and this public notice is a clear warning to any employer who might be tempted to mistreat their workers. Don't do it. Migrant workers play a key part in the economy; there is no place in Australia for employers who exploit them and you can now be publicly shamed."
Quotes attributable to FOSM Commander John Taylor
"We are serious about protecting vulnerable migrant workers; we will not tolerate their abuse and exploitation."
Commander Taylor urged employers "to do the right thing and abide by your obligations. Don't exploit vulnerable workers or abuse our visa regime - the consequences could be severe."
"This may be the first, but it certainly won't be the last, employer publicly named and sanctioned under the strengthened powers; more are likely to follow"
Quotes attributable to Fair Work Ombudsman Anna Booth
"Exploiting vulnerable migrant workers by not paying them correctly, unlawfully deducting money, and violating workplace protections is particularly concerning conduct that will not be tolerated in Australia. If you exploit your workers you will be found out and called out."
"It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us."
