Law change an 'important step' in combatting migrant worker exploitation, Labor says

The federal government will introduce a bill to clarify temporary migrant workers are entitled to the same worker protections as Australian citizens.

Workplace Relations Minister Tony Burke says the decision is an important step towards ending migrant worker exploitation. Source: AAP / Lukas Coch

KEY POINTS:

• Labor is moving a bill to clarify the rights of temporary migrant workers.
• It comes after a review found a 'degree of confusion' over whether the Fair Work Act extended to the group.
• A recent survey found that many migrant workers had experienced wage theft.

Labor will move to clarify protections for temporary migrant workers (TMWs) in law, warning the highly-exploited group is often unaware of their rights at work.

After a three-year review warned of "a degree of confusion" over whether the Fair Work Act applied to TMWs, the federal government will introduce a bill to clarify they are entitled to the same worker protections as Australian citizens.

TMWs have repeatedly told stories of exploitation, many fearing that speaking out or seeking restitution could lose them jobs and even their visas.

Workplace Relations Minister Tony Burke warned they often had poor knowledge of their rights at work, and were often fearful of seeking help over their pay and conditions.

Mr Burke described the imminent change as an "important step" towards combating migrant worker exploitation.

“Too often, [their] vulnerabilities are exploited by unscrupulous employers,” he said.

"[But] as a result of this change, temporary migrant workers will be left in no doubt they have the same rights and protection of other Australians."

Labor has committed to implementing all 22 recommendations from the three-year review into temporary migrant workers, released in early 2019, which warned there was "a degree of confusion" over who the Fair Work Act applied to.

It found that Australian workplaces had sometimes reinforced "common misconceptions" about the rights available to migrant workers.

"The most prevalent misconception being that Australian workplace laws and conditions do not cover migrant workers. As a result, many migrant workers do not seek out information from official sources such as the Fair Work Ombudsman (FWO)," it said.

Labor will move to clarify protections for temporary migrant workers in law, warning the highly-exploited group is often unaware of their rights at work. Source: Flickr

Labor argued the change would give underpaid visa holders greater confidence when seeking assistance from the FWO, with Mr Burke saying the government was committed to a "fairer and more equitable" system.

“Temporary migrant workers make an essential contribution to our economy and society, and are entitled to the same workplace rights and protections as Australian citizens and permanent residents,” he said.

A survey conducted by the Migrant Workers Centre released this month found 58 per cent of migrant workers in Australia had experienced wage theft, with just over a quarter able to recoup their stolen money. Wage thieves commonly targeted migrants via cash payments, non-payments of penalty rates, and illegal trial shifts, it found.

The survey also reported that half of migrant workers felt unsafe at work, experiencing verbal abuse, discrimination, or bullying.