This factsheet looks at how to reduce the vulnerability of migrant workers in Australia. It also examines the work of the Fair Work Ombudsman and protections under migration legislation in Australia.
For a number of reasons, migrant workers can be particularly vulnerable to exploitation. An important strategy in reducing the vulnerability of migrant workers to exploitation is ensuring that migrant workers understand they have the same basic rights and protections under Australia’s fair work laws as Australian workers, irrespective of their immigration status.
The Fair Work Ombudsman
Offences relating to human trafficking do not fall within the operational remit of the Fair Work Ombudsman. However, the Fair Work Act 2009 (Cth) does contain minimum entitlements for all employees, including short and long term migrant workers and international students.
Protections under Migration Legislation
The Migration Legislation Amendment (Worker Protection) Act 2008 introduced new legal obligations for employers who want to sponsor temporary workers under the 457 visa program. These obligations include obligations on the part of the employer to
- Ensure the terms and conditions of employment are no less favourable than the terms and conditions of employment that would be provided to an Australian worker performing the same work;
- Cooperate with inspectors appointed under the Migration Act;
- Ensure the sponsored person works in the nominated occupation.
More information…
