Employers face jail time for exploiting migrant workers in government crackdown
Huge change for workers in Australia as bosses warned they face two years in jail for ‘exploiting’ staff
Australian employers have been warned they could face up to two years in prison if migrant workers are exploited in a new government crackdown.
Reforms to expand protections for some of the most vulnerable in the workforce will be introduced to federal parliament within weeks.
The proposed changes would make it a criminal offense to force someone to violate their visa conditions and extend the time allowed between employer sponsors to 180 days.
They would also deter employers who have previously exploited workers from hiring people on temporary visas under new ‘bans’.
Employers have been warned they could face up to two years in prison if migrant workers are exploited in a new government crackdown. (Stock image of shoppers in a shopping district)
Last week, the Australian Border Force fined Perth-based bubble tea company Utopia $13,320 for underpaying sponsored workers. It also banned the company from sponsoring employees for two years.
But under current regulations, the company is free to hire other employees who have a temporary visa, such as international students and backpackers.
Immigration Minister Andrew Giles said he would work with the Fair Work Ombudsman to identify best practices to close that loophole.
“There will also be triggers for intentional and repeated instances of non-compliance by employers,” he said in a speech at Victorian Trades Hall.
“In industries where exploitation is particularly widespread – accommodation, hospitality, cleaning and construction – this is a necessary step to show that we can tackle exploitation where it is most prevalent.
At its core, immigration is about nation building, but we cannot build our nation on the backs of those who are exploited. Exploitation is a sign of weakness, a smallness of character.’
One in six migrants is paid less than the national minimum wage, a recent analysis by the Grattan Institute found.
One in six migrants is paid less than the national minimum wage, a recent analysis by the Grattan Institute found. (Stock Image of a Bartender)
Immigration Secretary Andrew Giles is working to close loopholes that allow employers who underpay sponsored workers to continue to hire other workers on temporary visas
Australian Council of Trade Union President Michele O’Neil called the exploitation of migrants a “national disgrace”.
But she admitted that “more needs to be done” to ensure migrant workers can enforce their “workplace rights without compromising their ability to remain in the country.”
Democracy in Color national director Neha Madhok agreed.
“Most migrants who find themselves in discriminatory or exploitative conditions do not say anything for fear of jeopardizing their visa status and employability,” they said.
The reforms also include the repeal of part of the migration law that the government says “undermines” people to report exploitative behaviour.
The government said it would continue to consult with business and unions on protections for potential whistleblowers and strengthen a ‘firewall’ between the Fair Work Ombudsman and the Home Office.