Australian Government Continues to Build on Border Protection Reforms

The creation of the ABF as a front line operational agency within the DIBP reflects the Abbott government’s increasing focus on Australia’s border as a strategic national asset. From an immigration perspective, it is a further sign of the government’s commitment to monitoring and enforcement activities. Government departments are collaborating on monitoring and enforcement in the areas of taxation, working conditions, wages, and immigration compliance.

For example, in 2013, the Australian Tax Office and DIPB worked together to match data on 457 Visa Holders to identify potential fraud and non-compliance with lodgement and payment obligations. More recently, we understand that nationwide monitoring by the Fair Work Ombudsman uncovered suspected exploitation in a significant number of the migrant workers examined between October 2014 and January 2015. More than 100 cases were subsequently referred to immigration officials while at the same time the Fair Work Ombudsman launched its own investigations into violations of the Fair Work Act. Last month, a Melbourne business operator was fined more than AUD 228,000 by the Federal Circuit Court for underpaying a vulnerable migrant employee following an investigation and legal action taken by the Fair Work Ombudsman.

Fragomen is also aware that immigration officials are issuing self-audit questionnaires to employer sponsors to assist in identifying compliance issues and to educate employers on their obligations. The self-audit process extends the government’s immigration monitoring presence and targets its resources to the areas of greatest concern.

Businesses employing foreign workers in Australia are encouraged to seek advice from their Fragomen advisor on their compliance obligations and any monitoring requests received from the Australian Border Force.

MARN 0850888