Push for Visa Changes to Protect Australian Migrant Workers from Exploitation

Workers wear face masks as they set up displays at a local fruit and vegetable market in Sydney, Australia, on July 9, 2021. Lisa Maree Williams/Getty Images

A national coalition of unions, lawyers, and human rights groups has called on the Australian government to change the current visa system to tackle exploitation and unfair practices against migrant workers.

The coalition released a new report (pdf) detailing stories of migrant workers who were mistreated because of a lack of protection under Australia’s migration system while highlighting how employers could exploit workers on temporary visas.

Samil, one of the victims in the report, worked as a chief trainee at a hotel in the Blue Mountains, New South Wales in 2019 and had his salary deducted significantly without his agreement.

After filing a complaint about the treatment, Samil’s employer terminated his traineeship and kicked him out of his accommodation.

They also reported him to the Department of Home Affairs, resulting in Samil receiving a notice about visa cancellation.

Despite Samil’s complaint, the department refused to consider the allegations and regarded them as hearsay.

“They wanted to force me to sign a new contract and told me I had until 6 pm, and if I didn’t sign, I needed to leave the property,” he said.

“I came to Australia to learn, and I wanted to continue my learning. I know that I didn’t do anything wrong.

“I just raised my voice because they were doing something unfair. I didn’t understand what was happening.”

In another case, Anjali, who came to Australia on a temporary work visa, was subjected to serious exploitation and slavery-like treatment at her workplace.

Her employer took her passport, forced her to sleep in a shed, and cut off contact with family and friends.

Nevertheless, Anjali had no other option but to continue working for her employer even after her visa expired.

After escaping from her employer, Anjali was granted a bridging visa. However, she was unable to apply for a skilled visa due to restrictions imposed on her bridging visa.

Proposed Changes

To combat exploitation and unfair employment practices, the report proposed introducing a mechanism called Exploited Worker Guarantee to the current migration system.

It acts as a safeguard that protects workers from visa cancellation if employers violate their rights.

The report pointed out that while many temporary visa workers suffered mistreatment at work, a significant percentage of them were reluctant to pursue legal action due to fear of visa cancellation.

While the home affairs department can decide not to cancel a visa in the case of exploitation, the report said the process was inconsistent and dependent on the whim of individual decision-makers.

As such, it argued that it was necessary to provide a “strong, predictable, clear and easily communicated” protection against visa cancellation to visa-holders.

A woman sets up tables and chairs outside a restaurant in Melbourne, Australia, on July 28, 2021. Con Chronis/AFP via Getty Images

“Insecurity and uncertainty are baked into our migration system. Removing the threat that a worker’s visa may be cancelled for standing up for their rights is an essential first step towards better, fairer workplaces for everyone that works in Australia,” said Matt Kunkel, the CEO of the Migrant Workers Centre.

“Too often, migrant workers choose not to pursue abusive or exploitative bosses for fear of losing their visa.

“Nothing less than a guarantee against visa cancellation will provide the certainty that migrant workers need to assert their rights and be treated as equals in our workplaces.”

Another recommendation was to set up a Workplace Justice visa for workers who want to take legal action against their exploitative employers.

The report said that there currently were no visas that allowed temporary migrants to stay in Australia, get advice, and take action against their employers.

As a result, exploited migrant workers faced the risk of deportation when they reported their cases.

Joshua Strutt, the principal solicitor of the Immigration Advice and Rights Centre, said there needed to be robust changes that guaranteed a person’s visa status and pathway so that they could speak out and leave exploitative workplaces.

Australian Government Cracks Down on Exploitative Businesses

The report comes after the Australian government ramped up inspection on businesses sponsoring temporary visa workers.

On Aug. 2, the federal government announced that the Australian Border Force (ABF) inspected around 300 businesses across the country in July.

The ABF has issued fines, bans, and other sanctions to businesses failing to uphold workplace rights, including pay, conditions, health, and safety.

The government also said that it sanctioned 140 exploitative businesses in the first year after it came into power.

“We’re taking immediate action to protect migrant workers while looking ahead to future reform,” Immigration Minister Andrew Giles said.

“When migrant workers are being underpaid—it hurts all of us, driving wages and conditions down for everyone and under-cutting businesses who do the right thing. Currently, up to one in six recent migrants are paid less than the minimum wage.”