Migrant workers in Australia have the same workplace rights and protections as Australian citizens, regardless of their visa status.
These protections include safeguards against various forms of workplace exploitation, including underpayment, coercion, and threats of visa cancellation.
The Fair Work Ombudsman (FWO) ensures that these rights are upheld by investigating and enforcing compliance with Australia’s workplace laws.
According to Australia’s Immigration Service, workplace exploitation refers to actions by employers or third parties, such as labor hire intermediaries, that take advantage of workers. This can include underpayment, poor living conditions, and other forms of mistreatment.
Migrant workers are encouraged to report such exploitation and are protected under Australian laws.
Types of workplace exploitation
Workplace exploitation can take many forms, including the following:
- Underpayment: Workers being paid below the legal wage.
- Coercion: Workers being forced into unwanted acts, such as sexual acts.
- Visa threats: Workers are being threatened with visa cancellation.
- Document control: Employers pressuring workers to surrender passports.
- Poor living conditions: Workers are forced to accept substandard housing or food.
- Excessive hours: Workers being made to work more hours than permitted by their visa conditions.
These actions are unlawful, and migrant workers are entitled to legal protection against them.
Protecting yourself from exploitation
To protect themselves, the immigration body encourages workers to take several precautions.
- First, they should keep important documents, such as passports, secure. Employers can check passports but cannot take them
- Second, workers should stay in contact with their consular office or embassy, which can offer assistance in case of exploitation
- Also, understanding the conditions of their visa is crucial. Workers should check whether there are restrictions on working hours or employers.
The FWO also offers tools, including a Pay Calculator and a free app, Record My Hours, to help workers track their wages and hours worked.
Reporting exploitation
Migrant workers who experience exploitation are advised to report it to the FWO as soon as possible. Reporting can help the worker receive support and prevent further mistreatment.
It is also established that employers cannot cancel a worker’s visa for breaching visa conditions related to exploitation. Only the Department of Home Affairs or Australian Border Force has the authority to grant or cancel visas. Workers can report exploitation anonymously through the FWO or Border Watch.
Strengthened reporting protections
- Recent changes have strengthened protections for migrant workers who report workplace exploitation. Under these new laws, workers who have breached visa conditions due to exploitation can still report it without fear of having their visa canceled, provided the breach is connected to the exploitation.
- The Workplace Justice visa allows workers to extend their stay in Australia while resolving issues of exploitation.
- Migrant workers who face workplace exploitation can seek help from unions, community legal centers, or lawyers. For more information, they can visit the FWO or Australia’s Immigration Service websites.
