Australia takes new step to combat migrant worker exploitation

Workplace exploitation of migrant workers is a longstanding issue in Australia, exacerbated by a fear of immigration repercussions that often leaves unlawful employer practices unreported. However, last Wednesday marked a significant turning point with the Australian government unveiling a two-year pilot program featuring visa reforms including the new short-term “workplace justice visa,” which enables migrant workers to remain in Australia for six months while they address labor disputes with their employers.

This visa aims to empower migrants to confront abusive employers without risking their immigration status. Additionally, new visa protections will be available for those who have breached visa conditions but want to report exploitation.

The precarious situation of migrant workers

Research involving thousands of migrant workers has shown that three-quarters received less than the minimum casual wage, with the majority not reporting it. Fear of jeopardizing their visas or future opportunities keeps many silent, perpetuating a cycle of impunity. When their stay in Australia ends, they must return home quickly, losing the chance to pursue labor claims.

The Conversation reports,

Exploitative employers have come to expect they will not be held to account. Underpayment of migrant workers has become a successful business model, meaning that in some industries, employers who are doing the right thing become uncompetitive.

It also makes it difficult for businesses to detect wage theft or modern slavery in supply chains because migrant workers will not report it to auditors or the regulator.

Expanding labor protections

The new pilot visa program marks a crucial shift. By allowing certification from trusted third parties such as community legal services, trade unions, or university legal services, it provides migrants with greater control over asserting their labor rights.

This novel approach is expected to encourage more exploited workers to come forward, extending labor law enforcement beyond the Fair Work Ombudsman to include union and community lawyers.

Additionally, the Department of Home Affairs is now restricted from canceling visas of migrants who have violated work conditions, provided they obtain certification for their labor claims.

A new standard for accountability

These reforms aim not only to recover lost wages for individual workers but also to dismantle the impunity enjoyed by exploitative employers. By enhancing labor law enforcement and offering strong protections for migrant workers, Australia sets a new standard for justice and accountability in the workplace.

Policy Manager for Australian anti-slavery non profit Walk Free, Bernadette Joudo, is very pleased with the new visa scheme. “Migrant workers are three times more likely to experience forced labour than other adult workers. These new protections are an important first step to protect vulnerable workers from modern slavery.”

She’s right and we applaud this move as well. Freedom United stands beside all immigrant workers in calling for fair labor protections and working to help end discriminatory and exploitative policies wherever they are found. Labor exploitation and inadequate labor protections are massive issues, not just in Australia, but all over the world.