Commonwealth Consolidated Acts Commonwealth Consolidated ActsContravention of civil remedy provisions (within the meaning of the Fair Work Act 2009)
(1) A person is subject to a migrant worker sanction if the Minister is satisfied that:
(a) a FW order has been made against the person in relation to a contravention of a civil remedy provision (within the meaning of the Fair Work Act 2009 ); and
(b) 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).
Contravention relating to the advertisement of rates of pay
(2) A person is subject to a migrant worker sanction if the Minister is satisfied that:
(a) a FW order has been made against the person in relation to a contravention of subsection 536AA(1) or (2) of the Fair Work Act 2009 (employer obligations in relation to advertising rates of pay); or
(b) both of the following apply:
(i) a FW order has been made against the person in relation to a contravention of subsection 716(5) of that Act (failure to comply with compliance notice);
(ii) the relevant compliance notice given under section 716 of that Act related to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay).
Contravention relating to compliance notices
(3) A person is subject to a migrant worker sanction if the Minister is satisfied that:
(a) a FW order has been made against the person in relation to a contravention of subsection 716(5) of the Fair Work Act 2009 (failure to comply with compliance notice); and
(b) the relevant compliance notice given under section 716 of that Act related to a contravention (the original 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
(c) the original contravention related, wholly or partly, to another person who, at the time of the original contravention, was a non - citizen (other than the holder of a permanent visa).