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Migrant worker exploitation “rife”

THE exploitation of migrant workers post-COVID 19 remains endemic with more than 60 per cent of job advertisements in eight audited industries offering illegal rates of pay.

The job advertisement review across more than 10 locations, including Mildura and Robinvale, has reaffirmed that underpayment across Australia remains rife including the horticulture industry despite a “significant improvement” on a 2019-20 audit.

The Unions NSW research provides the latest large-scale national data on migrant worker exploitation post-COVID 19 and its ensuing labour shortages.

More than 7000 job ads were reviewed, across industries including horticulture, retail, hospitality, cleaning and other sectors.

Just over 8 per cent advertised positions in Robinvale, while almost 4 per cent sought workers in Mildura.

Unions NSW said the research demonstrated that the exploitation of migrant workers in Australia is endemic and a direct result of the current visa system that makes workers reliant on their employers due to the precarious nature of their visa status.

The nation-wide audit highlighted some improvements in the horticulture sector, with more ads offering hourly wages since the Fair Work Commission modified the horticulture award this year, imposing a minimum wage guarantee for piece rate workers.

However, it found there is still evidence of non-compliance, with 43 per cent of the employers not paying a minimum wage guarantee for piece rate workers or only offering to pay it for a short period.More than 200 horticulture workers took part in the survey which also revealed that one in five % were subjected to threats of being fired if a picking target set by the employer was not reached.

Unions NSW secretary Mark Morey said it was disturbing that employers were still targeting workers from culturally and linguistically diverse backgrounds.

“It’s alarming that employers unashamedly exploit and underpay vulnerable migrant workers, all while Australia experiences lagging migration rates and deals with claims of labour shortages,” Mr Morey said.

“Our audit exposes this underbelly and demonstrates the need for the Commonwealth to bolster its efforts to stamp out bad employer behaviour while empowering workers to enforce their rights,” he said.

“It’s encouraging to see the union-led movement to change the horticulture award is making a positive impact on wages and employer conduct, but it’s clear it’s not enough.

“The visa system is broken and needs reform to strengthen the protection of migrant workers.

“Right now, too many workers remain shackled to their employers due to the uncertainty of their visa status.”

Unions NSW wants there to be a firewall between the Fair Work Ombudsman and the Department of Home Affairs so vulnerable workers are empowered to act against unscrupulous employers.

It also wants a new substantive visa to allow workers with outstanding claims for workplace entitlements to remain in the country with working rights until their claim has been settled.

Other visa restrictions that intensify exploitation should also be lifted, according to Unions NSW, and all visa types should provide a clear and reliable pathway to permanent residency.

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