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laws212 employment law work act

Discuss the following:
1. Is DIITI or TILS more likely to be found to have been the workers employer for the purposes of the Fair Work Act?
2. Regardless of whether DIITI or TILS is the workers employer, has Section 324 of the Fair Work Act been complied with in respect of deductions from employees wages?

3. The Commonwealth Department of Home Affairs investigates separately from the Fair Work Ombudsman and seeks monetary penalties against not just DIITTI, but also TILS, as an accessory to breaches of Migration Regulations prohibiting providing misleading information ( – about who was really responsible for meeting obligations towards the workers ) and failing to provide information and co-operate – See Sections 140K(1)(a)(iii) and 486ZD(1)(b) of the Commonwealth Migration Act 1958 and Migration Regulations 1994 [ Regulations 2.78(2), 2.83(2) and 2.90(2) ]

TILS is also a licensed provider of labour-hire services and supplier of workers for the purposes of Sections 7-9 of the Labour Hire Licensing Act 2018 ( Victoria ) [ LHLA ]. However, it objects to the Victorian Government investigating it for breach of that Act and seeking resulting monetary penalties and suspension of its licence under Sections 39 and 94 of the LHLA for behaviour TILS says: the Commonwealth Government is already trying to punish us for twice already. The alleged breaches of Section 36 of the LHLA relate to failing to comply with the Fair Work and Migration Acts, as required by conditions of TILS licence and associated responsibilities imposed under Sections 23 and 33-4 of the LHLA
Would Section 109 of the Commonwealth Constitution prevent the imposition of sanctions under Sections 39 and/ or 94 of the Victorian LHLA for conduct already penalised under the above-mentioned provisions of the Commonwealth Fair Work and/ or Migration Acts or Commonwealth Regulations made under those Acts?

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