Greater protections for vulnerable migrant workers from July

On 7 February the Federal Labor Government said it has now delivered greater protections for vulnerable workers who speak up against exploitation, and harsher penalties to crack down on employers who seek to exploit them with final assent of the Migration Amendment (Strengthening Employer Compliance) Bill 2023.

The Bill provisions:

· Introduce new visa cancellation protections for migrant workers who have been exploited

· Decriminalise undocumented work by migrant workers

· Establish criminal offices and penalties for employers who exploit workers

· Improve transparency though public disclosure around prohibited employers so they are held accountable.

From 1 July, those who exploit a worker because of their visa status will face prison time, penalties and fines will triple, and employers who mistreat workers will be banned from hiring any workers on a temporary visa.

“All Australians will benefit from this reform, including local businesses who do the right thing but have to compete with others who underpay - making their product cheaper in the process. Just like our plan to give every Australian taxpayer a tax cut, the Government’s legislation will benefit all workers across the economy – visa holders and Australians alike,”

Immigration Minister Giles said.

“Under our new laws, it doesn’t matter if that company is a multinational giant or a hundred years old – if exploitation is happening, they’ll get a knock at the door. This reform is a win for all workers – and could not have been achieved without the bravery of those who spoke up and told their story.”

The Australian Council of Trade Unions (ACTU) and Law Council of Australia welcomed the move to pass the bill saying that too many employers have been exploiting temporary migrant workers and that temporary visa holders should be entitled to the same pay, conditions, and workplace protections as Australian workers.

The Government has also said that it will guarantee visa cancellations will not occur for migrant workers who have been exploited and provide them with a visa to allow them to remain in Australia while they pursue action against their former employers.

The new regime would require vigilance from Australian employers who rely on the engagement of overseas nationals on temporary visas and investment in the safety, wellbeing and integration of that cohort of workers.