Migration, modern slavery and decent work

Overview

This submission from January 2022, jointly authored by The Salvation Army Australia and the Uniting Church in Australia (Synod of Victoria and Tasmania), responds to the Migration Amendment (Protecting Migrant Workers) Bill 2021. While broadly supportive of the Bill’s objectives to address migrant worker exploitation, the submission identifies critical gaps in enforcement and accountability, and worker's ability to access to grievance and justice mechanisms to address experiences of exploitation.  It calls for a more integrated and compassionate approach to ensure the Bill delivers meaningful change for vulnerable workers.

Key advocacy points

• Strengthen Worker Protections: The submission calls for an independent review of the Assurance Protocoland the establishment of a “firewall” to separate immigration enforcement from worker support services, ensuring exploited workers can report abuse without fear of immigration related repercussions if it has resulted in breaching visa conditions. The submission also calls for clearer advice surrounding complaints mechanisms and temporary migration relief to ensure workers can quickly and safely leave exploitation.
• PositioningEnforcement Structures: We recommend The Fair Work Ombudsman (FWO) is best placed to lead enforcement efforts. A public list of prohibited employers and stronger collaboration between FWO and the Australian Border Force (ABF) are recommended to target employers more directly and efficiently.
• Introduce Banning Orders: The submission recommends that authorities should be empowered to ban employers who engage in serious repeated non-compliance from employing any workers, including Australians, and prevent phoenixing through corporate loopholes.
• Expand Coverage to Domestic Work: We recommend The Bill should explicitly include domestic employment contexts (e.g., au pairs, nannies, NDIS workers), where migrant workers are particularly vulnerable.
• Enhance Deterrence: Detection mechanisms must be well-resourced.Sanctions must be timely and meaningful as delayed or light penalties are ineffective. Individuals should be held personally accountable to increase deterrent effects, rather than being allowed to hide behind corporate entities.
• Support forEnforceable Undertakings: These should be used as a flexible enforcement tool, backed by independent monitoring, requiring the business or individual to make systemic changes and take corrective actions.