Allegra Spender (Wentworth, Independent) Share this | Hansard source

Migration is central to the story of Australia. As the daughter of a migrant, I know firsthand the contribution that migrants make to our wonderful and diverse society and the opportunities that Australia can provide for those who come to our shores to work, study and live. When migrants come to Australia, they expect to be treated fairly, particularly in the workplace. But the truth is that by some estimates up to one in six migrants who've recently arrived in Australia have experienced exploitation at their place of work—for example, through wage theft, having their passports withheld, threats of visa cancellation, bullying, and harassment.

The problem of migrant worker exploitation was highlighted by the 2019 Migrant Workers' Task Force, by the recent independent review of the migration system, by submissions to the Joint Standing Committee on Migration and by people who have contacted my office. A few months ago I was contacted by a temporary migrant on a sponsored training visa. She'd been working for an accounting firm but after six months had still not received the wages that were owed to her. When she raised the matter with the company, a senior executive threatened to cancel her visa and demanded money from her. She soon discovered that other trainees had had a similar terrible experience. This kind of exploitation is devastating for those affected. But it doesn't just harm the migrants themselves. It also harms the vast majority of Australian businesses who are doing the right thing, and it harms Australia's reputation as a destination for people across the world who are looking for a great place to work, study and live.

For too long we've failed to get our migration system right. In 2019 the Migrant Workers' Taskforce presented 22 recommendations for tackling temporary migrant worker exploitation. This bill implements several of them and so is a step in the right direction. The Migration Amendment (Strengthening Employer Compliance) Bill 2023 targets unscrupulous employers with harsher penalties and bans on employing migrants as well as the expansion of the Australian Border Force 's enforcement powers. Importantly, it also provides better protections for workers to pursue claims via the Assurance Protocol, and I'm glad to see the government also committing to creating a workplace justice visa for those affected by exploitation. If implemented well, these measures would be good for migrants and good for the vast majority of businesses who are doing the right thing.

But this bill will be effective only if it is accompanied by stronger action on enforcement, measures to prevent the conditions for exploitation to occur and, importantly, proper support for businesses to implement these changes. Firstly, enforcement: there is no use having good laws if nobody is there to enforce them. That's why I ask the government, as recommended by the Grattan Institute, to ensure that the home affairs department and the Australian Border Force have the right resources, culture, policies and prioritisation to enforce these changes and transparently measure and report on their effectiveness. The Fair Work Ombudsman must also play a role in ensuring that all workers in Australia are protected, regardless of their work visa status. But their record in identifying and acting on illegal employment practices is poor, and they need to be properly resourced to do their job.

Secondly, it's about preventing the conditions for exploitation to occur. As the independent review of the migration system recently identified, visa conditions are one of the three main factors that create conditions for worker exploitation. I know the government is considering measures to reduce this vulnerability, including the form of a workplace justice visa, and I look forward to seeing this work as it progresses.

Finally, support for business: the vast majority of businesses in Australia want to do the right thing by the migrant workers, and they do so. But many find navigating the complex array of government rules and regulations difficult. This is certainly what businesses in Wentworth have told me. I therefore ask the government to work with businesses to minimise the burden associated with the additional regulation and to ensure that employers have easy access to the right information and support to ensure compliance. As part of this, I ask the government to consider a transition period for these reforms to give businesses the opportunity to revise their processes, bring in new procedures and train their staff without the immediate threat of penalties for noncompliance. I note that the Australian Chamber of Commerce and Industry has raised this point with the minister, and I ask him to consider it seriously. I also ask the minister to, as part of broader reforms to the migration system, consult closely with business about how the broader visa system works and to work out how we can make it easier for businesses who are trying to support and include migrant workers in their workplaces to do that in a way that is simple, is cost-effective and allows them to bring the best workers to Australia to contribute to their businesses as well as to the broader Australian economy.

Having a system that works for business and is simple, efficient and effective to employ is absolutely critical if we are going to raise productivity and get the best people into the country. Australia should be the best place to work in the world for a migrant, but right now too many migrant workers are subject to exploitation. While most businesses want to do the right thing, a few bad apples are holding us back. This bill is a step in the right direction but must be accompanied by additional measures if it is to have the desired effect.

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