A 2023 report by the Grattan Institute found that one in six migrant workers are paid less than the national minimum wage. This is despite the fact that all workers, regardless of citizenship status, are entitled to the same pay for the same work. The high prevalence of exploitation has created a need for government action.
One such action is the introduction of the Assurance Protocol. The Assurance Protocol is an arrangement between the Department of Home Affairs (DHA) and the Fair Work Ombudsman (FWO) to protect visa holders so they can seek help if they are being exploited in the workplace. Under the Assurance Protocol, a visa holder who has breached the conditions of their visa can still seek help for work exploitation without fear of having their visa cancelled, provided they assist the FWO with their inquiries, there is no other reason to cancel the visa (such as national security, character, health or fraud) and they commit to following visa conditions in the future.
However, the Assurance Protocol has only been used 79 times since its introduction in 2019. The lack of usage may be due to the DHA’s visa decision being conditional and fears that protection was not guaranteed. It may also be due to a general lack of awareness about its existence. Whatever the reason, it is clear that the Assurance Protocol has failed to adequately address exploitation of migrant workers.
In response, the Albanese government introduced The Migration Amendment (Strengthening Employer Compliance) Act 2024 (the Act). The Act, which commences on 1 July 2024, seeks to introduce new visa cancellation protections for migrant workers who have been exploited at work and criminal offences for employers who exploit workers. Importantly, the Act also provides a guarantee against visa cancellation and allows the affected workers to remain in Australia to pursue action against their former employers after their visa has expired.
While such measures are clearly a step in the right direction, a key part of workplace exploitation is the general lack of knowledge about workplace rights. Increased protections and enforcement powers are certainly important but of what use are they if the affected workers are not aware of their rights? Therefore, the government needs to take a proactive approach and incorporate education about workplace rights into its employment program for migrants. This will give individuals the foundational understanding of their workplace entitlements as well as available avenues to respond to instances of exploitation in the workplace.