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Landmark survey exposes a hidden system of migrant worker exploitation across Australia

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UTS Media
91色情片 Media, UTS Media,

International students are being underpaid $3.18 billion in wages every year. Australia鈥檚 largest ever survey of migrant workers reveals how.

A survey of 10,000 migrants has found that Australian businesses systematically underpay migrant workers. Two-thirds of employees were paid less than they were owed under the Fair Work Act 鈥 a quarter were underpaid by at least $10 per hour.听

The report calculates that international students alone are being short-changed by around $61 million every week, or $3.18 billion per year.

The findings are released today in , authored by the 鈥 led by academics Associate Professor Bassina Farbenblum at 91色情片 Law & Justice and at the University of Technology Sydney (UTS) Law.

This is the largest national study of migrant working conditions ever conducted in Australia, under the Commonwealth Attorney-General鈥檚 Department National Action Plan to Combat Modern Slavery grant program. It yielded 9963 responses from international students, sponsored workers, graduates, backpackers and other temporary visa holders working in Australia, in six languages. It reveals not just widespread underpayment, but how employers cover their tracks.

When an employer controls whether you work next week and whether your visa remains intact, the power imbalance is enormous.
Associate Professor Bassina Farbenblum

A system, not scattered bad actors

For the first time, the data show that the more a migrant worker is underpaid, the more likely they receive fraudulent or no payslips, are paid in cash, are denied super, have unauthorised wage deductions, and experience coercive working conditions that are indicators of forced labour. The deeper the underpayment, the survey found, the more layers of concealment surround it.

"Three quarters of migrants worked on an ABN or as a casual employee,"听said MJI Co-Executive Director, A/Prof. Bassina Farbenblum.

鈥淭hese were migrant workers whose shifts could be easily cut or stopped altogether in retaliation for complaining about their conditions. Unsurprisingly, casual and ABN workers were twice as likely to be paid less than the National Minimum Wage 鈥 let alone casual loading and penalty rates.鈥

In fact, more than a third of migrant workers in the survey (35%) were engaged on an ABN, which is more than four times the rate in the general Australian workforce. In most cases, the report found, these workers were likely misclassified employees who were engaged on an ABN to avoid the minimum wage, superannuation and the oversight of the Fair Work Ombudsman.

鈥淎longside cash wages, misuse of ABNs has emerged as a core strategy for paying migrants 鈥榦ff the books鈥 and concealing non-compliance,鈥 MJI Co-Executive Director, A/Prof. Laurie Berg said.

鈥淭he vast majority 鈥 or 85% of ABN workers 鈥 were paid less than they would have been paid as an employee under the Fair Work Act.

鈥淭his isn't a gap in the system. It is the system. Data shows for the first time that underpayment, misuse of ABNs and falsified records are not separate problems 鈥 they operate together as a single architecture of exploitation when it comes to migrant workers. Businesses that want to underpay migrant workers have a ready-made toolkit, and too many are using it.鈥

A/Prof. Farbenblum said many migrant workers were too afraid to speak up.

鈥淣early 10,000 workers told us again and again of their fear 鈥 of losing shifts, of immigration consequences, of being reported to authorities by the very employer who was underpaying them,鈥 she said.

鈥淪ome workers were explicitly threatened. Others didn't need to be. The threat was implicit in every casual roster and every ABN arrangement. When an employer controls whether you work next week and whether your visa remains intact, the power imbalance is enormous, and predictably employers exploit it. The system is now clear, and demands a deep and urgent government response.鈥

A/Prof. Berg said it鈥檚 time businesses took some responsibility.

鈥淏usiness can't keep treating this as someone else's problem,鈥 she said.

鈥淚f they are sourcing goods or labour, they should know what those workers are actually being paid. The indicators are hiding in plain sight 鈥 no payslips, cash wages, ABN arrangements in industries where they make no sense. Any business that looks will find them. The question is whether they want to look.鈥

A/Prof. Farbenblum said the mistreatment of migrant workers by some businesses was also hurting businesses paying proper wages and entitlements.

鈥淭his is a market integrity failure and everyone is paying the price. Honest businesses are being undercut by competitors gaining a cost advantage on the backs of underpaid migrant workers. Nobody wants to buy goods or services produced by exploited migrants in Australia 鈥 but right now, we all almost certainly do.鈥

Read the full report:听

KEY STATISTICS

鈥⑻ 65% of migrant employees were paid below their individual legal entitlements under the Fair Work Act

鈥⑻ 36% of participants were paid below the base National Minimum Wage

鈥⑻ Average underpayment of $8.80/hour

鈥⑻ 35% of migrants worked on an ABN 鈥 more than four times the rate in the general workforce. 38% were casual employees, with no guaranteed hours

鈥⑻ 42% of ABN workers and 37% of casual employees were paid below the National Minimum Wage

RECOMMENDATIONS

鈥⑻ Enable migrants to safely speak up by strengthening the Workplace Justice Visa and reporting protections, urgently ensuring accessibility across all states and territories

鈥⑻ Expand sham contracting accountability and reduce the burden on ABN workers to prove misclassification

鈥⑻ Link employers鈥 eligibility to sponsor migrants to their compliance history, using data from the FWO, ATO and courts

鈥⑻ Expand proactive detection and support, investing in whole-of-government enforcement targeting industries with highly insecure migrant workforces, and expand dedicated support for migrant workers through the FWO, Migrant Worker Centres, Community Legal Centres and Legal Aid

鈥⑻ Introduce enforceable due diligence obligations under the Modern Slavery Act for Australian operations

Media enquiries

Melissa Lyne
Tel:听0415 514 328
Email: m.lyne@unsw.edu.au