Migrant Workers’ Wage Struggles: Australia’s Hidden Injustice | Australia Immigration news
Australia's legal system is perceived as "hollow" by migrant workers, who rarely pursue underpayment claims against their employers. A report by the Migrant Justice Institute reveals that the exploitation of migrant workers through low wages and unpaid entitlements is being intensified by an "inaccessible" legal framework.
The Bigger Picture
Under the Fair Work Act, migrants have the right to hold their employers accountable for unpaid wages and entitlements through the small claims court. Despite this, the report, released on Thursday, indicates that very few migrant workers actually take this step. The Fair Work Act, designed to provide a guaranteed safety net of fair, relevant, and enforceable minimum legal rights and entitlements for all workers, is described as "effectively hollow."
"Nine out of 10 migrants who knew they were underpaid took no action," the report states. In 2022-23, only 137 workers across the country attempted to recover their wages.
Key Quote
"In reality, it is virtually impossible for most migrant workers to file and pursue a small claim without legal assistance," according to the Migrant Justice Institute's "All Work, No Pay" report.
What Happens Next
In 2019, the Commonwealth Migrant Workers' Taskforce acknowledged that the small claims court system was failing to enable migrant workers to claim the wages they were owed. It recommended a government review, which has yet to be completed five years later. The report suggests a new dispute resolution process and streamlining of claims to address the difficulties associated with lodging a claim.
The report also highlights several factors contributing to the reluctance of migrant workers to pursue claims:
- Fear of Retaliation: Many migrant workers fear losing their jobs or facing deportation if they take legal action against their employers.
- Lack of Awareness: A significant number of migrant workers are not aware of their rights under Australian law or the mechanisms available to them to address grievances.
- Financial Barriers: The cost of legal representation is often prohibitive for migrant workers, many of whom are already struggling financially due to underpayment.
- Cultural and Language Barriers: Navigating the legal system can be particularly challenging for migrant workers who may face language barriers or lack familiarity with Australian legal processes.
Recommendations
To address these issues, the Migrant Justice Institute recommends:
- Simplified Legal Processes: Streamlining the process for lodging claims and providing clear, accessible information to migrant workers.
- Increased Legal Support: Offering free or subsidized legal assistance to help migrant workers pursue claims.
- Stronger Enforcement: Enhancing the enforcement of existing labor laws to ensure employers are held accountable for violations.
These measures aim to create a more equitable and accessible system for migrant workers seeking justice for wage theft and other forms of exploitation.
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