Australian immigration and workplace policy changes frequently for migrant workers as reforms are introduced, enforcement priorities shift and funding commitments reshape what compliance looks like in practice.
For any business which sponsors or employs temporary visa holders, keeping pace with these changes is essential.
The 2026 Federal Budget is a recent example of ongoing change. In May, the government announced it aims to commit $27 million over two years to continue information and education activities helping migrant workers understand their workplace rights and migration law protections, with a further $120 million allocated across the migration system more broadly to strengthen capability and improve the efficiency of merits and judicial review processes.
More informed workers, better-resourced regulators and faster legal processes mean the stakes for non-compliant employers are higher than ever.
This article outlines the changes to workplace policies the Government is committed to enforcing, and explains how to ensure your business is providing a safe and legal workplace for migrant workers.
Understanding the 2024 Workplace Justice Visa and other reforms
To understand why Federal Budget commitments matter and how they can affect you, it helps to know what framework they are building on:
In July 2024, the federal government introduced the Workplace Justice Visa (Subclass 408), allowing temporary visa holders who have experienced workplace exploitation to remain in Australia for six to twelve months while they pursue investigations or legal remedies. The visa covers full work rights and family member eligibility.
Supporting the visa, workers who leave an exploitative employer now have up to 180 days, tripled from the previous 60, to find new sponsorship or another visa pathway. Workers who report exploitation are also shielded from visa cancellation, even where they may have inadvertently breached visa conditions as a result of their employer’s behaviour. The goal was to remove a tool used by unscrupulous employers who threatened workers with visa cancellations and deportation for speaking up.
The definition of workplace exploitation was also broadened. Beyond underpayment and wage theft, it now encompasses unfair dismissal, unlawful deductions, work health and safety breaches, bullying, harassment, discrimination, coercion and misrepresentation at the point of hire. For employers, the consequences of non-compliance include bans on hiring or sponsoring temporary visa holders, civil penalties, criminal charges and public listing as a sanctioned employer.
Businesses in the spotlight
Reforms have been in place for more than a year, and the consequences are playing out for non-compliant employers across industries. Enforcement activity has increased over recent months, with the Fair Work Ombudsman and the Department of Home Affairs working together to identify breaches.
As reported by the ABC, the broader picture emerging from enforcement data is a reminder of the importance of compliant, ethical treatment of all workers, regardless of visa status. Millions of dollars in unpaid wages have been identified and workers who were living under threat of visa cancellation were finally able to speak out. Some individuals raised concerns about missing superannuation payments, while other cases have led to accusations of modern slavery.
While extreme stories make the headlines, even well-meaning employers risk being caught up in non-compliance problems. The combination of stronger worker protections, expanded definitions of exploitation, active joint enforcement and public sanctions means gaps in payroll compliance, onboarding practices or workplace culture which may have previously been overlooked are now genuine legal and reputational risks.
Read more: How to conduct an internal compliance risk assessment for your international workforce
What workplace reforms and enforcement mean for your business
With the 2026 Budget reinforcing worker education and regulatory capacity, employers can’t afford to be complacent.
Now is the time to audit your practices and review employment contracts to ensure pay, superannuation and working conditions meet or exceed award entitlements. Proactively establishing clear channels for international team members to raise concerns about pay and working conditions is also worth considering.
Ensure your international hiring practices are compliant and fair with support from the visa and migration experts at The Migration Agency. Whether you are navigating sponsorship obligations or building policies to protect your workers and your business, our team can help you apply best practices and remain compliant.
