Australian Border Force Audits: A Critical Update for Employers

As a Migration Firm, we’ve observed a significant increase in Australian Border Force (ABF) audits
targeting companies sponsoring temporary skilled workers. The ABF is intensifying its efforts to
ensure employer sponsors comply with their obligations.
ABF’s Measures
Some notable cases include the Federal Court case against Bakers Delight, and a mechanical
workshop north of Melbourne which was fined $18,900 for underpaying temporary foreign workers.
As a consequence, the companies can have their sponsorship approval revoked, and barred from
applying for sponsorship approval.
Penalties for Non-Compliance

  • Cancellation of sponsorship agreements.
  • Two-year ban on applying for sponsorship approval.
  • Financial penalties for offenses, with fines reaching thousands of dollars.
  • Public disclosure on a register of sponsors who breach their obligations.
    Your Obligations as a Sponsor
    Understanding and adhering to sponsorship obligations is crucial. Here is a concise overview:

Cooperate with inspectors.

  1. Ensure equivalent terms and conditions of employment.
  2. Pay travel costs for sponsored persons to leave Australia.
  3. Keep records and provide them to the Minister when required.
  4. Secure accommodation of a reasonable standard.
  5. Ensure the sponsored person works or participates in the nominated occupation, program,
    or activity.
  6. Avoid discriminatory recruitment practices.
    Responding to ABF Investigations
    If your business becomes the subject of an ABF investigation, it’s essential to navigate the process
    efficiently. Seeking professional assistance is recommended. Crystal Migration can help employers
    design compliance programs, conduct internal audits, and manage responses to formal notices of
    intention from the ABF.
    For further information or assistance, please contact us at (02) 8896 6056 or via email.
    In conclusion, staying informed, proactive, and compliant is the key to navigating the evolving
    landscape of immigration regulations in Australia.

Written by Ross Ahmadzai

6 Feb, 2024

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