New workplace justice visa a critical step to stopping exploitation of migrant workers

A national coalition of over 40 community legal centres, unions, business groups, and faith, welfare and human rights organisations welcome the federal government’s introduction of groundbreaking reforms to reduce widespread migrant worker exploitation.

A new, world-first Workplace Justice visa will enable exploited migrants to stay in Australia for a short period to enforce their workplace rights and hold employers to account for labour violations and modern slavery.

Additionally, temporary migrant workers can access a new protection against visa cancellation which guarantees a worker’s visa will not be cancelled if they come forward to hold exploitative employers to account.

The Workplace Justice Visa and visa cancellation protection were both developed in the Breaking the Silence proposal, co-authored by the Migrant Justice Institute and the Human Rights Law Centre.

The Migrant Justice Institute has surveyed over 15,000 migrant workers over the last 8 years. Around three quarters earned below the casual minimum wage, and a quarter earned less than half that. Nine in ten underpaid workers took no action, commonly staying silent for fear of jeopardising their visa or future stay in Australia.

The Department of Home Affairs invited key coalition leaders to participate in a “co-design” process for the new pilot of the visa protections, along with employer groups. They include the ACTU, Migrant Workers Centre, Unions NSW, Westjustice, South-East Monash Legal Service, Redfern Legal Centre and Immigration Advice and Rights Centre, along with Human Rights Law Centre and Migrant Justice Institute.

Sanmati Verma, Legal Director of Human Rights Law Centre says:

“Migrant workers are a part of our community – they are our friends, our neighbours and our coworkers. These hard-won protections – including a guarantee against visa cancellation and a Workplace Justice visa – are just the first steps in ensuring that migrant workers are treated equally at work, and are not held to ransom by bad bosses because of their visa status.”

Associate Professor Bassina Farbenblum, UNSW Faculty of Law & Justice, and Co-Executive Director of Migrant Justice Institute says:

“For years, we have made migrant workers choose between retaining their visa and addressing labour violations. The vast majority had to return home without holding abusive employers to account, and new migrants replaced them in exploitative jobs. That is about to change.”

Associate Professor Laurie Berg, UTS Faculty of Law, and Co-Executive Director of Migrant Justice Institute says:

“At last, this new visa ends the cycle of employer impunity for exploitation in Australia because the government has made it possible for migrants to safely enforce their labour rights. This is a powerful new tool to combat modern slavery.”

Michele O’Neil, President of the Australian Council of Trade Unions says:

“Unions have long called for whistleblower protections for migrant workers to be able to speak up against workplace exploitation without risking their visa. These new protections are a ground-breaking step in tackling the exploitation of migrant workers and ensuring unscrupulous employers are held to account – we commend the Government for this important initiative.”

Matt Kunkel, CEO of Migrant Workers Centre says:

“Unscrupulous employers have weaponised visa insecurity, hiding the true magnitude of migrant worker exploitation. These new protections will embolden workers to shine a light on those employers and give them a real chance at justice. They are an important step forward in ensuring all workers, no matter where they are from, are safe and respected in the workplace.”

Mark Morey, Secretary of Unions NSW:

“Unscrupulous bosses have taken advantage of the temporary and precarious visa status of migrant workers for way too long - they’ve exploited them, gagged them, and if workers do speak up, they’ve sacked them or dobbed them in for breaching their visas. Finally, after years of campaigning, migrant workers will have an ironclad guarantee that speaking out doesn’t kick them out of the country – that when workers report employer exploitation, they are protected and won’t have their visas cancelled.”

Camilla Pandolfini, CEO of Redfern Legal Centre says:

“Redfern Legal Centre welcomes the federal government taking the first steps to introducing effective visa protections for migrant workers. A combination of policy settings, laws, systems and structures contribute to widespread wage theft from migrant workers in Australia. Despite endemic migrant worker exploitation, without effective visa protections in place, our clients cannot seek justice and report and address exploitation for fear of losing their visas.”

Melissa Hardham, CEO of Westjustice says:

“We welcome this new visa which will protect migrants who seek justice for all-too-common workplace exploitation. Migrant workers deserve to be treated fairly in all workplaces and to be able to enforce their rights without fear of losing their visa status.”

Ann Emmanuel, Acting CEO and Principal Solicitor of Immigration Advice and Rights Centre says:

“Every day our team speaks to clients who’ve been exploited by their employers but are too afraid to take any action because they fear their employer will report them to the Department of Home Affairs. Up until now, the migration system has effectively trapped visa holders and given power to employers to exploit workers and get away with it. These changes are an important step towards giving migrant workers the protections they need to speak up.”

Kristen Wallwork, Executive Director of South-East Monash Legal Service says:

“South-East Monash Legal Service supports the federal government's initiative to implement visa protections for migrant workers. The existing framework has unfortunately contributed to rampant wage theft and exploitation of migrant workers in Australia. Many of our clients face significant barriers seeking justice due to visa insecurity. This new visa represents a first step towards empowering migrant workers to report and seek justice for exploitation without fear of losing their visa.”

Quotes from organisations who endorsed the proposal:

Cath Scarth, CEO of Adult Multicultural Education Services (AMES) Australia says:

“Temporary migrants are among the most vulnerable workers in our society. It is high time they were afforded the same protection against exploitation and abuse that other workers enjoy.”

Vasili Maroulis, CEO of Marrickville Legal Centre says:

“Marrickville Legal Centre joins in welcoming this new visa, which sends a message to unscrupulous employers who threaten and standover their migrant employees. Despite the strength of their claim, many employees who seek this Centre's advice decline to take any steps to assert their rights and entitlements for fear of deportation. This new law is a powerful tool against exploitation of these vulnerable workers.”

Kate Dundas, Executive Director of the UN Global Compact Network Australia says:

“Migrant workers deserve to be treated with dignity and respect, consistent with the Ten Principles of the United Nations Global Compact. These new protections are a critical step towards ensuring that migrant workers can safely enforce their rights.”

Abbey Kendall, CEO of Working Women’s Centre Australia says:

“Migrant workers deserve the right to safety, security and fair work. Everyday, we see workers who have to choose between their visa status and speaking up about the unfair and exploitative conditions they are facing. We welcome these reforms and see it as an important step to eliminating visa exploitation by unscrupulous bosses.”

Carolyn Kitto, OAM, Co-Director of Be Slavery Free says:

“Australia’s visa framework needs to ensure people are not exploited and they have access to justice to be paid fairly. These visa changes are welcomed as one of the ways to ensure Australia has a reputation for supporting migrant workers when they contribute to our country.”

Mish Pony, CEO of Scarlet Alliance, Australian Sex Workers Association says:

“This new visa expands legal and justice options available for migrant workers to address exploitation, it adds more tools into the hands of community and will shine a light on areas of workplace rights that need improving. Sex workers welcome the initiative and are proud to have contributed.”

Celia Dufall, CEO of Circle Green Community Legal says:

“It is now well-documented that migrant workers experience disproportionate levels of workplace exploitation and underpayment. It is unacceptable that this group is then silenced from speaking up about these issues for fear of having their visas cancelled or jeopardising their ability to stay in Australia. We welcome the introduction of a Workplace Justice Visa and see it as a big step forward in enabling migrant workers to take the power back in their hands to address exploitative working conditions.”

Kate Grosser, Co-Director of RMIT Business and Human Rights Centre says:

“The Business and Human Rights Centre (BHRIGHT) at RMIT University welcomes this concrete step forward to help migrant workers hold businesses to account for human rights violations. This is critically important in the battle to end modern slavery.”