New laws that will protect migrant and refugee workers from exploitation and abuse are being drafted by the federal government.

The ‘Exposure Draft Migration Amendment (Protecting Migrant Workers) Bill 2021’ will see increased penalties and bans on employers if they are found to have violated the rights of migrant workers.

The Bill will also help to guard against workers entering into work arrangements against their will or under exploitative conditions.

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, said the proposed Bill sent a strong message that wage underpayment and other exploitative practices against migrant workers were unacceptable and would not be tolerated.

“This legislation is timely as we work on economic recovery from COVID-19. We want to ensure Australia maintains a strong reputation as a destination of choice for working holidaymakers, students and skilled migrants,” Mr Hawke said.

Building on initiatives previously implemented in response to recommendations from the Migrant Workers’ Taskforce, the Bill proposes a number of new offences designed to prevent an employer from using migration laws to coerce migrant workers.

Under the new laws, it will be an offence to coerce or exert undue influence or pressure on migrant workers to accept work arrangements that breach work-related visa conditions.

It will also be an offence for a person to coerce, influence or pressure migrant workers to accept work arrangements to satisfy a work-related visa requirement, or to avoid an adverse effect on their immigration status.

“We know the majority of Australian businesses and employers do the right thing but there are still a small number of unscrupulous employers who find ways to exploit migrants,” Mr Hawke said.

As well as the measures proposed in the Bill, the Government has also made regulatory changes to enhance the safety and welfare of working holiday makers in Australia, and discourage them from working for employers with a track record of misconduct.

CEO of migrant and refugee settlement agency AMES Australia Cath Scarth said that wage theft and coercive work practices were a serious issue in Australia and particularly among vulnerable groups such as migrants and refugees.

“We welcome the new legislation proposed by Minister Hawke, which will see new criminal offences and civil penalties to further protect migrant workers from exploitation. 

“The new laws will send a message that it’s not OK to exploit and mistreat migrant and refugee workers,” Ms Scarth said.

“Many people from diverse communities are not fully aware of their workplace rights or of the existence of the Fair Work Ombudsman and this legislation will go some way to addressing that,” she said.

Chair of the Federation of Ethnic Communities’ Council of Australia (FECCA) Mary Patetsos also welcomed the legislation.

“Circumstance pushes many migrant workers into jobs where they are underpaid and often at the mercy of the employer,” Ms Patetsos said. 

“Employers will now have a duty of care towards workers from overseas – something woefully absent today in many businesses,” she said. 

Ms Patetsos said the Bill restores the dignity of employees from overseas and, recognises their huge contribution to keeping key sectors of the Australian economy vibrant. 

“It’s also important to acknowledge that most businesses are doing the right thing by their workers, and these proposed changes will give them confidence and will restore the reputation of those sectors who heavily rely on hard working migrant workers,” she said