We are excited to share that the Australian government has just introduced a Bill confirming that no migrant worker is excluded from labour protections on the basis of their immigration status in Australia.
We and our allies have campaigned for this change for a number of years because conflicting case law has left open the possibility that undocumented workers are not entitled to statutory labour protections (on the basis their employment contract is void for illegality because they breached the Migration Act). This uncertainty has allowed employers to evade responsibilities including minimum wage and workers compensation payments for undocumented migrants’ workplace injuries.
The Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth) sends an important signal on the equal application of Australian laws to all workers regardless of immigration status. It is also important that the Migration Act itself now be amended to clarify migrant workers are also all equally protected under other federal or state statutes such as workers’ compensation laws.