In 2020, the Australian Senate undertook a major inquiry into temporary migration. Its Final Report, issued today, incorporated 10 of our recommendations for national law and policy reforms to address exploitation of migrant workers. Along with a number of further recommendations, these represent an important step towards increased worker protections. With over 20 references to our submission, the Committee relied heavily on the evidence established by our research in recommending a number of unprecedented reforms.
Our key recommendations adopted by the Committee include the following:
Reduce barriers to make a wage theft claim: The Committee recommended establishing a firewall between the federal labour enforcement agency (Fair Work Ombudsman (FWO)) and immigration department. It also recommended that the Government monitor and review the 40 hour work limit for international students (Condition 8105) (which we recommend should be abolished because noncompliance places many students into irregular status with increased vulnerability to exploitation);
Improve dispute resolution mechanisms: The Committee recommended a new, accessible and effective small claims tribunal (for workers to resolve wage theft claims);
Immigration relief to pursue labour claims: The Committee recommended permitting temporary visa holders to stay in Australia until their claims are finalised;
Enhance enforcement: The Committee recommended increasing resources and migrant worker access to community legal services and the FWO, along with increasing union right-of-entry powers;
Prevent the exploitation of migrant workers: The Committee recommended the introduction of a federal labour hire scheme;
Create pathways to permanency: The Committee recommended that temporary and permanent migration programs be aligned to provide pathways to permanency.
Importantly, the Report recommends that reforms be informed by further research and enhanced data collection. The Migrant Justice Institute looks forward to supporting the development and implementation of the proposed reforms through robust research and analysis.