In Australia, many migrant workers fear addressing workplace exploitation due to potential immigration repercussions. To tackle this, the Migrant Justice Institute and Human Rights Law Centre spearheaded a national coalition that proposed two significant immigration reforms. Their comprehensive plan, "Breaking the Silence," was endorsed by over 40 organizations and outlined measures to allow migrant workers to enforce their labor rights without risking their visas.
In July 2024, the Australian government implemented these reforms, introducing a short-term 'Workplace Justice visa' and protections against visa cancellation for exploited migrant workers who take action against their employers.
Migrant worker exploitation is pervasive in Australia, with many underpaid and afraid to report due to fear of losing their visa status. The Fair Work Ombudsman (FWO) has limited capacity to enforce labor laws, and previous efforts like the Assurance Protocol have been largely ineffective.
The new visa reforms aim to help workers address various forms of exploitation, such as underpayment, workplace injury, bullying, sexual harassment, and discrimination. The Workplace Justice Visa allows migrants to stay temporarily in Australia to pursue justice, provided they obtain a certification of their exploitation from a government agency or accredited third party. The visa also includes full work rights and no application fee.
Additionally, protections against visa cancellation ensure that migrant workers who have breached their visa conditions due to exploitation can seek justice without fear of deportation. These protections extend to those on visas without work rights or who have breached non-work-related visa conditions, considering their experience of exploitation in cancellation decisions.
These reforms will benefit a wide range of temporary visa holders, including international students, sponsored workers, and backpackers. They also level the playing field for ethical employers, enhance business supply chain transparency, and strengthen labor law enforcement. By increasing the likelihood of detecting exploitation and encouraging migrant workers to report abuse, these measures aim to disrupt the cycle of exploitation and improve employment standards across Australia.
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