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New laws to protect the rights of temporary overseas workers and ensure Australian wages and conditions are not undermined come into effect today.A key provision in the new laws will enable the Australian Taxation Office (ATO) to disclose information to the Department of Immigration and Citizenship in order to ensure correct salary levels are being paid to visa holders.In addition, information will be able to be shared with other enforcement bodies including the Fair Work Ombudsman and occupational health and safety agencies.The new provisions for the disclosure of information will help ensure overseas workers are being paid the right salary levels and Australian wages and conditions are not being undermined.In one such incident earlier this year, the Department of Immigration and Citizenship (DIAC) and the Fair Work Ombudsman were successful in recovering more than $8000 in back-pay owed to two overseas workers employed in the WA Goldfields on subclass 457 visas.On another occasion in 2008, three Filipino nursing assistants on subclass 457s were underpaid by more than $15 000 by a healthcare recruiting agency. The company was subsequently fined $48 000.The sharing of information among DIAC, the ATO, Fair Work Ombudsman and occupational health and safety agencies will act as an effective deterrent to rogue employers and ensure that instances of unfair or unsafe treatment of temporary skilled workers come to light quickly and are dealt with appropriately.The laws will require that all new workers on subclass 457 visas must be paid market salary rates from today. Employers currently paying less than the market salary rate to existing Subclass 457 visa holders employed in Australia will have until 1 January 2010 to commence paying market rates. The new laws will also enable specially trained officers with investigative powers to monitor workplaces and conduct site visits to determine whether employers are complying with the redefined sponsorship obligations. The powers will be similar to the powers of Fair Work inspectors under the Fair Work Act 2009.Employers found in breach of the obligations in the Migration Regulations may be liable for fines of up to $33 000. The department will retain the ability to cancel an employer's approval as a sponsor or bar them from making applications for approval as a sponsor for a period of time.The government's package of subclass 457 reforms strengthens the integrity of the temporary skilled visa program by ensuring it is responsive to market rates, while protecting the employment opportunities for Australians and the rights of overseas workers.[FROM THE OFFICE OF THE MINISTER FOR IMMIGRATION AND CITIZENSHIP][www.minister.immi.gov.au]

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