New workplace justice visa a critical step in stopping exploitation

The federal government has introduced groundbreaking reforms to reduce widespread migrant worker exploitation. 

A new, world-first Workplace Justice Visa will enable exploited migrants to stay in Australia for a short period to enforce their workplace rights and hold employers to account for labour violations and modern slavery. 

Additionally, temporary migrant workers can access a new protection against visa cancellation which guarantees a worker’s visa will not be cancelled if they come forward to hold exploitative employers to account. 

The Workplace Justice Visa and visa cancellation protection were both developed in the Breaking the Silence proposal, co-authored by University of Technology Sydney (UTS) Associate Professor Laurie Berg and UNSW Associate Professor Bassina Farbenblum, and immigration lawyer Sanmati Verma, Legal Director of the Human Rights Law Centre. 

“At last, this new visa ends the cycle of employer impunity for exploitation in Australia because the government has made it possible for migrants to safely enforce their labour rights. This is a powerful new tool to combat modern slavery,” said Associate Professor Berg, who is also Co-Executive Director of the Migrant Justice Institute.

Associate Professor Berg and Associate Professor Farbenblum surveyed over 15,000 migrant workers over the last 8 years. Around three quarters earned below the casual minimum wage, and a quarter earned less than half that. Nine in ten underpaid workers took no action, commonly staying silent for fear of jeopardising their visa or future stay in Australia. 

“For years, we have made migrant workers choose between retaining their visa and addressing labour violations. The vast majority had to return home without holding abusive employers to account, and new migrants replaced them in exploitative jobs. That is about to change," said Associate Professor Farbenblum.

Matt Kunkel, CEO of Migrant Workers Centre said unscrupulous employers have weaponised visa insecurity, hiding the true magnitude of migrant worker exploitation. 

"These new protections will embolden workers to shine a light on those employers and give them a real chance at justice. They are an important step forward in ensuring all workers, no matter where they are from, are safe and respected in the workplace.”

The Department of Home Affairs invited key coalition leaders to participate in a “co-design” process for the new pilot of the visa protections, along with employer groups. They include the ACTU, Migrant Workers Centre, Unions NSW, Westjustice, South-East Monash Legal Service, Redfern Legal Centre and Immigration Advice and Rights Centre, along with Human Rights Law Centre and Migrant Justice Institute.