New laws protecting migrant workers against exploitation cover both work and non-work related matters that might arise in the workplace. This could include situations such as a worker being:
- underpaid
- coerced to engage in unwanted sexual acts
- threatened with visa cancellation.
It could also include situations where a worker is pressured to:
- surrender their passport
- accept inadequate living conditions, such as poor housing, inadequate meals or access to running water and electricity
- work more hours than allowed by their visa conditions.
Here are some examples of behaviour that show workplace exploitation of migrants:
Case study 1
Chen is an international student at an Australian university and works at a petrol station. Chen accepts work hours on the weekend to help cover living costs.
But the extra work takes him over his allowable 48 hours’ work a fortnight on his student visa. Chen’s manager knows this but keeps rostering him on extra shifts. Chen’s manager is also underpaying him.
Chen raises the underpayment issue with his boss. His boss tells Chen unless he stays quiet, he will report Chen to the authorities for working over his allowable limit and his visa may be cancelled.
It is already against the law to underpay someone or to allow someone to work in breach of their visa conditions. Under the new measures, his employer is also breaking the law by pressuring Chen to break his student visa work conditions.
Case study 2
123 is a labour hire company that supplies workers to horticulture businesses around Australia. Sally, whose tourist visa has expired, is among the workers. The company knows Sally is unlawful but sends her to work anyway.
Sally soon realises she is being paid less than her co-workers and complains. The company tells her she should not have been working to begin with and threatens to report her to authorities if she continues to complain.
The labour hire company is already breaking the law by allowing Sally to work without a valid visa, and by underpaying her. Under the new offences, the labour hire company could face additional criminal charges.
Case study 3
Nitia is a young IT worker sponsored to work in Australia. She is excited about possibly having permanent residency in Australia in the future. Soon after her new job begins, her manager makes inappropriate sexual comments and engages in unwanted touching when he speaks with Nitia.
When Nitia brings this issue to her boss’ attention, he says if she causes trouble, she will have no chance of being nominated for a permanent visa. Sexual harassment is against the law, and under the new offences, Nitia’s boss could face additional criminal charges for using Nitia’s visa status to exploit her.
