Are these reforms the solution to the ‘crisis of exploitation’ faced by numerous migrant workers?

When the next parliamentary session convenes, the federal government plans to introduce law reforms aimed at preventing workplaces from breaching their responsibilities.

These proposed changes include criminalizing coercion that leads to visa condition violations, prohibiting employers from hiring individuals on temporary visas if they have a history of exploiting migrants, and imposing higher penalties for misconduct by employers. Furthermore, a section of the existing migration law that undermines individuals reporting exploitative behavior will be repealed.

Associate Professor Bassina Farbenblum, Co-Executive Director of the Migrant Justice Institute and UNSW Faculty of Law & Justice, believes that these reforms, if effectively designed, have the potential to be a significant catalyst in combating the exploitation of migrant workers in Australia.

She further stated, “Migrant workers will now have the ability to address wage theft and extricate themselves from exploitative employers without jeopardizing their visa status. Dodgy employers can no longer assume that international students and other migrants will endure underpayment or mistreatment in silence.”

Immigration Minister Andrew Giles characterized the current situation for many migrant workers as an “exploitation crisis,” with reports indicating that up to one in six recent migrants receive wages below the minimum requirement. He emphasized the detrimental impact of underpayment on all workers, as it drives down wages and working conditions for everyone. He expressed confidence that these reforms would empower workers to raise their voices and effectively target employers engaged in misconduct.

To enhance labor market mobility for sponsored migrants, the government intends to amend migration regulations for three types of visas. Specifically, they plan to extend the allowable duration between employer sponsors from 60/90 days to 180 days.