The Australian Government has introduced a visa and a support programme – are aimed to assist migrant workers who experience exploitation in Australia. Exploitation takes many forms and has different names too. You may recognise words or phrases such as ‘wage theft’, ‘modern slavery’, ‘forced labour’, or ‘human trafficking’, which also describe exploitation.
These two new introductions – a visa and a support programme – are aimed to assist migrant workers who experience exploitation in Australia.
Workplace Justice Visa:
This visa awards migrant workers between up to 12 months in Australia with full working rights while they pursue a workplace claim.
Additional Referral Pathway:
A free and confidential service to access ongoing support for those that have experienced modern slavery.
Exploitation – What is it?
Exploitation takes many forms and has different names too. You may recognise words or phrases such as ‘wage theft’, ‘modern slavery’, ‘forced labour’, or ‘human trafficking’, which also describe exploitation. Exploitation can take physical, financial, sexual and emotional forms.
Here are some examples of exploitation:
- Being forced to work or provide services (in any type of job or industry) under threat or coercion, with little or no pay or under harsh conditions.
- Not having control over the work you do, the services you provide or when you can stop working.
- Not having control over other parts of your life, for example, when and where you can eat, sleep or rest, or if you can leave the place you are staying when you want to.
- Being forced to work to pay off a debt, but the terms of the debt are unclear or the work never ends.
- Being tricked or trapped into work where the nature of the job is not what you were told it would be.
- Being recruited or transported through force or deception, for the purpose of exploitation.
- Being pressured, forced or tricked into getting married against your will, or getting married when underage.
What does it do? And why is it needed?
The Workplace Justice Visa (subclass 408) allows people who have experienced exploitation to pursue legal action without losing their right to live in Australia. This is an important change because many migrant workers’ right to live in Australia is tethered to their job. If their employer is exploitative, employees are less likely to speak out and seek justice for their circumstances because it may result in the loss of the job and corresponding visa status.
Having visas tethered to a job meant that exploited workers were often forced to return home penniless after working, only for another migrant worker to take their place. This visa aims to stop the cycle of exploitation and help to hold exploitative employers accountable.
The Additional Referral Pathway (ARP) is a service for workers who have experienced, are experiencing, or believe they may be experiencing exploitation, including extreme forms of modern slavery. This pathway allows them to be assessed and referred to the Support for Trafficked People Program (STPP). The Salvation Army, along with partner civil society organisations, can quickly assess and refer eligible workers to the STPP, a government-funded program that offers comprehensive support, including financial assistance, case worker support, and legal advice for victims of modern slavery.
Prior to the ARP, the STPP was only available to workers who cooperated with the Australian Federal Police to navigate the justice system, which was challenging for those with visas tied to their employment. This meant that many workers who experienced modern slavery were forced to reject the support, even when they needed it.
How does it work?
The Workplace Justice Visa can be applied for online through the official Australian Government website. This visa is free. This visa also allows members of the family unit to stay in Australia for this period too.
Here is the link: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408/australian-government-endorsed-events-workplace-justice-pilot#Overview
The Additional Referral Pathway can be accessed by phone call.
The number is 1800 000 277 It is available between 9:00am to 5:00pm Monday to Friday.
How will these protections help?
These new protections will greatly benefit workers in extreme forms of exploitation. The visa has the potential to restore the worker’s dignity, allowing them to support themselves while they pursue justice without fear of deportation. Initially, these resources will directly aid workers in exploitative situations, helping them and their families escape these circumstances. The ARP will provide initial legal advice and access to ongoing support that was previously difficult to obtain.
Furthermore, these measures help prevent future migrant workers from being employed in exploitative roles, thus protecting both current and future migrant workers. With increased reporting and conviction rates of exploitative employers, the goal is to reduce the number of migrant workers who end up in exploitative situations.
Am I Being Exploited in my Workplace?
Sometimes, it is not obvious, especially when you are in a different country with different work regulations. If you feel that you are in slavery-like conditions at work, call the Additional Referral Pathway on 1800 000 227
To help work out whether you may be in this situation, ask yourself these questions.
- Do I get paid properly for the hours I work? (minimum wage in Australia for adults is $24.10 per hour before tax)
- Are the tasks in my job the same as what I was told my job would be before I joined?
- Is there violence, or threats of violence (psychological, physical, sexual) if I do not meet my employer’s expectations?
- Does my workplace keep my important documents (passport, birth certificate etc) when I’d prefer them not to?
- Do I have the freedom to leave my workplace and/or accommodation when I desire?
- Am I being forced to work when I don’t want to (extra unpaid hours, different tasks outside of your role)?
- Have I paid excessive fees to a labour hire agency?
- Are there excessive deductions to my pay for accommodation, transport and other fees?
- Am I paying off a debt for which I have not seen the terms?
The Additional Referral Pathway can be accessed by phone call.
The number is 1800 000 277 It is available between 9:00am to 5:00pm Monday to Friday.
An example:
In a judgement delivered just two weeks ago, the Federal Court found that a foreign diplomat violated the Fair Work Act concerning her former domestic worker. The court ordered the diplomat to pay more than $500,000 in unpaid wages and interest. The worker endured slavery-like conditions, forced to work every day for three years, receiving only $11,212 during that time, having their passport confiscated with no freedom to leave. Read the Story
In a situation like this, the employee could potentially access the Additional Referral Pathway service by calling the helpline to discuss their working conditions. The Additional Referral Pathway would provide advice and assistance on how to proceed, and if eligible refer to the Support for Trafficked People Program (STPP) for ongoing support.
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