Unions NSW has declared new safeguards for migrant workers on temporary visas as a huge victory in the fight against workplace exploitation after years of campaigning for the changes.
This week, the federal government's two-year trial of a 'workplace justice visa' has officially gone live meaning exploited temporary migrant workers can now stay in Australia while they seek advice and take action against their unethical employers.
A 'non-discretionary protection against visa cancellation' will also be trialed, guaranteeing that a worker's visa will not be cancelled if they want to hold their exploitative employer to account but have breached their conditions as a result of the exploitation.
"Unscrupulous bosses have taken advantage of the temporary and precarious visa status of migrant workers for far too long - they've exploited them, gagged them, and if workers have spoken up, they've sacked them or dobbed them in for breaching their visas," Unions NSW secretary Mark Morey said.
"Finally, after years of our union's campaigning, migrant workers have an ironclad guarantee that speaking out doesn't kick them out of Australia - that when workers report employer exploitation, they are protected and won't have their visas cancelled.
"These new protections give temporary migrant workers the security and confidence they've desperately needed to stand up to dodgy bosses who exploit them. The protections shrink the chasmic power imbalance between workers and their employers.
"Since 2017, our union has fought for this workplace justice visa and visa cancellation protection. We have successfully lobbied for these reforms to governments including at ALP state and federal conferences, published reports exposing the widespread wage theft and exploitation of migrant workers, and established Visa Assist to provide support and advice to workers.
"We have stood by countless foreign workers whose visas were at risk or unfairly cancelled after they were underpaid, harassed, assaulted, discriminated against or mistreated at work. These reforms stand as a tribute to the pain endured by and courage of these workers who were gravely let down by the system.
"We commend the federal government for taking worker exploitation in this country seriously by implementing these long-overdue protections. The government's commitment builds on other recent migrant protection reforms that they've implemented and that we've also advocated for.
"We look forward to working with the government and migrant workers to make sure these new safeguards work, and are set in stone beyond the trial. Now's the time for more resources and services to educate migrant workers about this change, and empower them to take action against injustice - a right they've been denied for so long."
Unions NSW has agitated for these reforms since 2017 and has conducted original research, auditing over 10,000 foreign language job advertisements and surveying more than 5,000 migrant workers. The results consistently revealed that an overwhelming number of job ads offer a rate of pay below the minimum wage, with the union's 2022 report revealing three in five job ads offered rates of pay below the relevant award wage. Unions NSW's most recent report includes a number of case studies of exploited migrant workers and their struggles to navigate the Australian immigration system.
