Unions call for whistle-blower protection for migrant workers

A national coalition of over 40 legal service providers, unions, ethnic community peak bodies, churches and national organisations has called on the Minister for Home Affairs Clare O’Neil to urgently spotlight widespread migrant worker exploitation. Led by the Migrant Justice Institute and Human Rights Law Centre, the ‘Breaking the Silence’ proposal urges the federal government to establish whistle-blower protections that would enable migrant workers to report exploitation without risking their visa.

The federal government’s review of Australia’s migration system will report in April, as the government is devising strategies for faster and greater migrant intake. With hundreds of thousands of international students, skilled workers and backpackers arriving or returning to the country, there is an opportunity and need to implement these reforms within the next six months. From 1 July 2023, the government will reinstate limits on international student work hours, putting thousands of underpaid students at risk of visa cancellation if they speak up for working extra hours in order to earn the equivalent of minimum wage.

The Migrant Justice Institute has surveyed over 15,000 migrant workers over the past five years; these studies have consistently found that around three-quarters of migrant workers earned below the casual minimum wage in Australia, and a quarter earned less than half that. Nine out of 10 underpaid workers suffered in silence and took no action. Migrant workers generally endure exploitation in silence for fear of jeopardising their visa or ability to stay in Australia.

The proposed reforms in the ‘Breaking the Silence’ report include a protection against visa cancellation for exploited migrant workers who take action against their employer and have breached their work conditions, and a short-term visa to allow exploited migrant workers to remain in Australia and pursue a claim against their employer, with visa security and the ability to work. Associate Professor Laurie Berg, UTS, Co-Executive Director of the Migrant Justice Institute, noted that harsh penalties for unscrupulous employers are useless if migrant workers are too fearful to report them. “Without the whistle-blower protections we’re proposing, employers know they won’t get caught underpaying migrant workers and exploitation will remain business as usual,” Berg said.

Associate Professor Bassina Farbenblum, Co-Executive Director of the Migrant Justice Institute, said it is immoral for the government to draw migrants and international students back to Australia knowing full well that it has not fixed the problems that will lead to many of them being exploited and unable to speak up. “Enabling exploited migrant workers to speak up is sensible government policy. After a decade of government inaction, these reforms will finally make a dent on migrant exploitation without creating red tape for businesses doing the right thing,” Farbenblum said.

Sanmati Verma, Managing Lawyer at the Human Rights Law Centre, said the conditions for exploitation are built into Australia’s visa system. “If migrant workers can’t speak up without fear of losing their place in Australia, most will never come forward. When they leave Australia, new migrant workers will simply replace them in those exploitative jobs. These whistle-blower protections must be a cornerstone of the government’s migration reforms.”

The Australian Red Cross has recently launched a website to prevent and address migrant worker exploitation in Australia. The website was designed with input from over 150 migrant workers and 250 service providers, union, community organisations and academia. The Work Right Hub includes information, tools and services aimed at supporting migrants if they, or someone they know, is experiencing labour exploitation. Australian Red Cross Director of Australian Programs Vicki Mau said the website will make a real difference, especially for migrant workers who are unable to reach out for help.

“Working closely with migrants has clearly shown us that a number of factors prevent people from reporting exploitation. These include lack of awareness of their rights in Australia, language barriers, experiences of isolation or working in remote locations, and fear of authorities. For example, 52% did not know where to complain if experiencing labour exploitation,” Mau said.