Temporary migrant workers in Australia are facing “disturbing” patterns of exploitation from some employers, labour hire companies and migration agents.

Many are victims of deceptive recruitment, underpayment or withholding of wages, excessive deductions, and dangerous working conditions.

They can face unreasonable work targets, unilateral termination of contracts, sexual and gender-based violence, and dismissal due to pregnancy.

And some employers “actively hire” disengaged and undocumented workers to take advantage of their vulnerability, resulting in further exploitation and abuse, including sexual and criminal exploitation.

Those are some of the findings from the United Nations Special Rapporteur on contemporary forms of slavery, Tomoya Obokata, who has just concluded an official visit to Australia.

Professor Obokata was invited to Australia by the federal government.

During his two-week tour of the country, he visited Melbourne, the Riverina in south-west New South Wales, Canberra, Sydney and Brisbane.

He also held virtual meetings with state and territory authorities, and met victims and survivors of contemporary forms of slavery.

He will now report his findings to the United Nations in Geneva.

‘Seriously concerned’ about the treatment of temporary migrant workers 

Professor Obokata said he was “seriously concerned” by the treatment of temporary migrant workers in Australia.

He said he was particularly concerned about the welfare of workers under the Pacific Australia Labour Mobility (PALM) scheme, the Domestic Worker (diplomatic or consular) stream, and those on the Temporary Skill Shortage Visa, Working Holiday Visa, and Student Visa.

He said workers in those visa pathways were commonly employed in high risk sectors such as agriculture, horticulture, food processing, aged care, accommodation, domestic work (for both diplomats and private homes), hospitality, cleaning and security.

“The main issue among these schemes is that they create a significant power imbalance between employers and workers, since employees are either tied to a single employer, and mobility is reported to be extremely difficult, and/or dependent on their employer for extension of contracts or nomination for permanent residency,” he wrote in his interim report. 

“International students are reportedly coerced into working in breach of their visa conditions.

“The power imbalance undoubtedly leads to under-reporting among workers, which in turn results in impunity among employers, labour hire companies or immigration agents,” he wrote.

He said an issue requiring “urgent attention” was the inspection regime.

He said the Department of Employment and Workplace Relations (DEWR) was the lead agency for monitoring employer compliance in the country, and they carried out “targeted assurance activities” such as monitoring visits, and the Office of the Fair Work Ombudsman also carried out intelligence gathering and unannounced visits.

“However, according to a large number of stakeholders, inspection of workplaces remains insufficient, particularly in rural or remote areas, because it still very much depends on reporting by workers,” he wrote.

“Also, public authorities reportedly delegate welfare monitoring and rights enforcement to employers themselves, and actors such as unions and civil society organisations play only a very limited role,” he wrote.

Australian Disability Enterprises (ADEs) ‘should be abolished’

Professor Obokata is a scholar of international law and human rights, specialising in transnational organised crime, human trafficking and modern slavery. He currently serves as Professor of International Human Rights Law at York Law School in the United Kingdom.

He said other categories of visas had problems in Australia too. 

He said he received information that persons with disabilities were experiencing contemporary forms of slavery. 

Within residential settings, many are reportedly forced to do housework and experience physical and sexual violence, he said.

“In Australia, persons with disabilities can be employed in sheltered workshops, referred to as Australian Disability Enterprises (ADEs), where they engage in manual labour work, such as warehousing, ‘picking and packing,’ cleaning and laundry services, sometimes against their will,” he wrote.

“Disturbingly, they are paid a sub-minimum wage as low as $3 per hour for their work when the national minimum wage … is $24.10. 

“Although ADEs are supposed to be transitional arrangements into the open market, the Special Rapporteur was informed that many are stuck with segregated employment for a long time. Furthermore, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with DIsability noted that persons with disability who work in segregated workplaces may be heightened risk of violence, abuse, neglect and exploitation.

“The Special Rapporteur regards ADEs to be discriminatory and therefore they should be abolished,” he wrote.

He said asylum seekers were also vulnerable to exploitation and abuse in Australia.

“There are different visa regimes for them, and the one which raises concerns is the so-called Bridging Visa E which regularises the undocumented status while applying for asylum, but holders do not have work rights,” he wrote.

“This means that many are not able to access Medicare as this is conditional upon having rights. This often forces them to work illegally, and the Special Rapporteur received information that many of these asylum seekers are exploited by unscrupulous employers.

“Instances of criminal and sexual exploitation have also been reported. As the asylum seeker application process can take a very long time, the period for exploitation is also prolonged,” he wrote.

Australia has much more work to do

Professor Obokata will deliver his final report to the UN next year.

His interim report contains 36 recommendations for Australian authorities, but he has also welcomed the progress that’s been made in a range of areas. 

“The Special Rapporteur wishes to acknowledge the ongoing efforts by Australia to promote transparency among business and their global supply chains and to report on how they mitigate or address the risks of labour exploitation and abuse,” he wrote.

“The passage of the Modern Slavery Act is a clear example of this.

“It establishes a transparency framework that requires businesses with consolidated revenue of at least $100 million to report annually on the steps they are taking to identify and address the risks surrounding contemporary forms of slavery in their operations and supply chains.

“Stakeholders agree that awareness on the risks associated with contemporary forms of slavery among businesses is steadily increasing thanks to the act,” he said.

He has also welcomed steps by the federal government recently to help temporary migrants who are being mistreated.

“One example is the initiation of the so-called Workplace Justice Visa, a pilot scheme which enables temporary migrant workers to remain in Australia for a minimum period of 6 months or up to 12 months, extendable up to 4 years, in order to pursue legal actions against exploitative employers,” he wrote.

“During this period, workers are able to work for any employer in any industry. 

“Another notable pilot scheme called Strengthening Reporting Protections which prevents visa cancellation, allowing victims to come forward without a fear of being undocumented,” he wrote.