Protective measures to eliminate exploitation of migrant workers?
In a significant move to combat workplace exploitation of temporary work visa holders, the Australian Government has added new protections to the Migration Act in 2024. These measures aim to limit visa holder mobility, increase wage protections, and prioritise local workers for available jobs.
Under the new protections, visas won't be cancelled for non-compliance if there is a connection between that non-compliance and workplace exploitation. Employers who seriously or repeatedly exploit migrant workers are prohibited from hiring them. Penalties for employers who exploit workers have also been increased.
Until recently, reporting exploitation could have been an act of self-sabotage due to Section 235 of the Migration Act, which punished visa violations by visa cancellation. However, the Migration Amendment (Strengthening Employer Compliance) Act 2024, passed earlier this year, has removed Section 235 and added new protections to encourage the early reporting and resolution of workplace issues.
Cases of exploitation will need to be confirmed by accredited third parties with expertise in workplace laws. Once a certificate is issued by these third parties, workers are free to report exploitation without fear of visa cancellation.
The new protections also include making it an offence to use a person's migration status to exploit them in the workplace. Workers are allowed to extend their visas to pursue workplace claims.
The effectiveness of these new protections will depend on robust enforcement and workers feeling safe to speak up. The Australian Border Force has been given new powers to enforce anti-exploitation rules.
According to the Migration Workers Centre spokesperson, the new protections aim to expose systemic issues and hold exploitative employers accountable. One estimate from 2023 was that between 5% and 16% of recently arrived migrants were being paid less than the minimum wage, equating to somewhere between 27,000 and 82,000 workers.
A recent survey of 959 migrant workers revealed that 62% reported experiencing at least one form of exploitation. Unions NSW has been advocating for better migrant worker protections, citing a dark stain on Australia's reputation due to exploitation and illegal wages, as well as shocking cases of physical abuse.
A two-year pilot program called Strengthening Reporting Protections is underway, which dictates how whistleblower protections work. The success of this reform requires ongoing monitoring and evaluation to track the number of reports, the outcomes of investigations, and the broader impact on migrant workers' conditions.
[1] Changes to visa conditions for employer-sponsored temporary visas (Subclass 482, 457, and 494 visas) effective from 1 July 2024. [3] Increase in the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 to $73,150 effective 1 July 2024. [5] Tightened scrutiny and conditions for the Subclass 400 short-term work visa.
Sources: [1] Department of Home Affairs. (2024). Changes to employer-sponsored temporary visas. Retrieved from https://www.homeaffairs.gov.au/news-media/current-alerts/changes-to-employer-sponsored-temporary-visas [3] Department of Home Affairs. (2024). Increase in the Temporary Skilled Migration Income Threshold. Retrieved from https://www.homeaffairs.gov.au/news-media/current-alerts/increase-in-the-temporary-skilled-migration-income-threshold [5] Department of Home Affairs. (2024). Tightened scrutiny and conditions for the Subclass 400 short-term work visa. Retrieved from https://www.homeaffairs.gov.au/news-media/current-alerts/tightened-scrutiny-and-conditions-for-the-subclass-400-short-term-work-visa
- In the general-news sector, the Australian politics landscape has experienced a shift with the passing of the Migration Amendment (Strengthening Employer Compliance) Act 2024, resulting in new protections for migrant workers against workplace exploitation, setting a significant choice for political parties regarding their stance on crime-and-justice issues.
- As part of the 2024 changes, not only are penalties for employers who exploit workers increased, but it has also become illegal to use a person's migration status as a means for exploitation in the crime-and-justice context, reflecting a broader approach to tackle workplace injustices covered in general-news and political discussions.
