TRANSCRIPT
The Migrant Workers Centre, Unions New South Wales, the Human Rights Law Centre, Immigration Advice and Rights Centre, and Migrant Justice Institute have jointly released a report titled "Not Just Numbers: A Blueprint of Visa Protections for Temporary Migrant Workers."
The report highlights the systemic exploitation faced by migrant workers in Australia due to the lack of adequate whistle-blower protections.
According to the report, the current migration laws prioritise profits over the well-being of migrant workers, leading to their disadvantage and exploitation in the workplace.
Unions New South Wales Secretary Mark Morey says although some help is in place, more needs to be done:
"The government has done a great job in tackling exploitation to date. The framework before us is excellent. We just need the government to take that extra step. Although we don't always agree on everything, we are all heading in the same direction.”
The report includes stories of migrant workers from various visas across the country, describing their experiences of wage theft, unsafe working conditions, sexual harassment, threats, and bullying.
The common issue faced by these workers is the absence of sufficient visa security and protection, preventing them from speaking up about the exploitation they endure at work.
The report aligns with the demands of unions and experts, advocating for the implementation of robust and enforceable visa protections as a critical step towards ending exploitation.
The proposed protections include a Workplace Justice visa and a guarantee against visa cancellation for exploited workers.
Massimo Calosi, an Italian hospitality worker and workplace-rights ambassador of the Migrant Workers Centre, experienced exploitation himself:
"So the first restaurant I worked in, When I arrived in Melbourne in 2016, I was getting paid way below the award rate, and superannuation wasn't getting paid into my account. The second restaurant I worked at the conditions got a little bit better, but was a restaurant that employs a lot of migrant workers on temporary visas. And I've seen and witnessed a lot of abuse and exploitation, on the basis of that temporary visa. If you want some examples, I think the main ones were around underpayment with around overtime not being paid. No penalty rates, especially the people that were getting sponsored by the business. And there were sort of hostages of the bosses."
He says the fear of visa cancellation prevented him from speaking up against underpayment in his job.
"Although I was aware of what was going on, I was in the process of getting my second visa to stay in the country. And the fear of me speaking up could lead to cancellation or issues with the approval of my visa and the final outcome led me not to speak up. And I found the same behaviour in all of the migrant workers that I met and I work with throughout these years. That's the main reason is the fear that ultimately, they have to leave the country. And this is the country that they call home."
Sanmati Verma, Managing Lawyer at the Human Rights Law Centre, says that the risk of visa cancellation has been a significant deterrent for migrant workers to act against exploitation.
“Since the 7- 11 wages scandal almost a decade ago, we've known that the risk of visa cancellation keeps migrant workers in exploitative jobs and prevents them from speaking out about exploitation at work. And for almost a decade, migrant workers have been telling us that there needs to be a guarantee against visa cancellation to protect migrant workers who come forward. We need to protect migrant workers who step forward in the strongest possible terms. The minister and the government have the power today to create those protections against cancellation in the migration act. Um, and we're asking the government to take that critical step with us."
Matt Kunkel of the Migrant Workers Centre says insecurity and uncertainty are inherent in the migration system and it's unconscionable that the Australian visa system forces migrant workers to choose between being treated fairly at work and their ability to stay in Australia.
"Temporary workers are not just numbers, and they all have an Australian story to tell. And at the moment, that's a story of inequality, exploitation, and poor treatment in the workplace. And we need to do much more about it. This report that we are releasing today has some of those stories, but are just a very few are just, they are just a few stories of the many, hundreds of thousands of temporary migrants in this country.”
There are a number of key recommendations including safeguarding workers against visa cancellation if they have had their rights breached at work.
Other measures include a Workplace Justice visa that will allow workers to remain in Australia with a secure visa while pursuing action against an employer.
In June of this year, the Albanese Government committed to introducing new laws designed to stop the exploitation of migrant workers.
They include increased penalties and a ban on employers who have exploited migrants from hiring people on temporary visas.
Minister for Immigration Andrew Giles says a lot of the blame can be laid at the door of the previous government, who he says failed to act in the face of overwhelming evidence.
He says the Albanese government is allocating 50 million dollars to ensure the concerns outlined in the blueprint are taken seriously in the bill that is currently going through Parliament.
"Every member of the House of Representatives has an opportunity to answer the call of these workers today by supporting that legislation. My friends here are calling for some further changes. I think these calls aren't dramatically different from the approach the government's taking. We've been listening to them about it. But I think what we recognise is it's critically important to address the vulnerability that anyone on a contingent visa has."
He says the Government is already taking action.
"We are cracking down on dodgy employers, not targeting the victims here, the workers. We are seeing this making a difference. We are not waiting for the legislation to pass. We are getting on with the job to address this shocking crisis in exploitation."
