Cassandra Fernando (Holt, Australian Labor Party) Share this | Hansard source

I rise to speak on a matter of great importance, a piece of legislation that will shape the future of our nation, the Migration Amendment (Strengthening Employer Compliance) Bill 2023. As elected representatives of our communities, we have the responsibility to uphold the values that define Australia: a fair go for all, compassion for those in need and a commitment to social justice. This is exactly what this bill is about. It addresses some key recommendations from Professor Allan Fels's 2019 Migrant Workers' Taskforce report as well as further measures to tackle migrant worker exploitation.

I want to be clear from the outset that this bill is not about raising barriers or slamming shut the doors for opportunities for those seeking a better life in our country. It is about ensuring that our immigration system operates with dignity, fairness and transparency—values that we hold dear as Australians. Migration has long been an essential thread in the tapestry of our nation's history. It is the story of diverse cultures, of dreams realised, of aspirations achieved. Our society has been enriched immeasurably by the contribution of migrants who have chosen to call Australia home. They have brought with them knowledge, skills and traditions that have helped shape our country into what it is today: a vibrant, multicultural and dynamic nation. I know this because my family has been just one of many migrant families to call this land our home and to contribute to this community through work, volunteering and being law-abiding citizens.

I also know that one in six recent migrant workers is paid less than the minimum wage. The negative flow-on effects from this affect all of us. It ultimately drives down wages and conditions for all workers as businesses seek to compete under these conditions. In one of my very first jobs, I experienced attempted wage theft through unpaid super contributions I discovered. Whilst I was lucky enough to migrate to Australia as a child, I do not doubt that this employer sought to take advantage of my youth and background to try and pull the wool over my eyes.

I commend this bill for its commitment to strengthening employer compliance in our immigration system. The establishment of new criminal offences and relevant civil penalties is designed to deter employers from using a worker's visa status as a negotiating tactic to lower their wages and conditions. This bill will increase the maximum penalty under the Migration Act for work related breaches, with civil penalties of up to $99,000 for individuals and $495,000 for a body corporate. Further to this, the Australian Border Force will gain new compliance and enforceable undertaking powers; $50 million will be invested in the ABF over the next four years to assist their actions to improve employer compliance alongside several other immigration compliance priorities. In fact, the ABF just oversaw a month of action in July expertly targeting those employers who were suspected of doing the wrong thing.

For the first time in a long time, the shift in emphasis on ensuring employers are aware of their obligation is deliberate. It is Albanese Labor government policy. None of this vital work would have been possible without the increase in funding and the emphasis we are placing on tackling worker exploitation. Whether it is migrant or Australian worker exploitation, we strongly believe it should be eradicated across the board. It has no place in our great country. Going forward, the Albanese government is engaging in extensive discussion with civil society, industry and unions around methods to help inform and design further safeguards in the visa system.

We must make it as safe as possible for migrant workers to speak up when they or their colleagues have been exploited in the workplace. This government knows the anxiety and stress many migrant workers go through when faced with either working in terrible conditions or alerting authorities and subsequently risking losing their visa. That's why we've taken the steps in this bill to remove section 235 of the Migration Act, which currently makes it a criminal offence to breach a work related visa condition. Currently, this section of the act deters workers from speaking up about poor pay and conditions, because they then fear the larger problem of criminal sanctions. Perversely, some employers count on this deterrent so that they can exploit migrant workers. The removal of this section simply means that migrant workers who are being exploited through no fault of their own will be empowered to alert authorities to this so that it can be rectified.

Let me be clear: this does not weaken the act in any way. There have been no convictions recorded against this part of the Migration Act, and the government's extensive visa cancellation powers remain in place, as they should. The very fact that there have been no convictions recorded against this section of the act shows that its only current purpose is to deter migrant workers from raising their voices. Its removal will not weaken our migration framework, only make it more efficient.

The heart of this legislation lies in protecting the rights of migrant workers who journey to our shores seeking a fair go and a chance to build a better future. Let us not forget that these are individuals with families, hopes and dreams, just like any other Australian, yet regrettably we have witnessed instances of exploitation, wage theft and unfair working conditions faced by some migrant workers. This cannot be tolerated in a society that prides itself on compassion and the idea of a fair go for all. This bill sends a powerful message: Australia stands firmly against any form of exploitation and is committed to protecting the vulnerable. This legislation proposes empowering our immigration authorities to be proactive in holding employers accountable for their actions. Stricter penalties will act as a strong deterrent against those who would seek to take advantage of vulnerable workers while providing incentives for employers to embrace fair and ethical practices.

Critics may argue that these measures could discourage employers from hiring migrant workers, but this would only be the case if those employers were seeking to manipulate the conditions of migrant workers. For employers already doing the right thing, this bill will do nothing but help level the playing field so all employers do the right thing, unless they want to risk real penalties. Australian employers have always risen to the challenges presented to them, and they will continue to do so while recognising that their success lies in treating their workforce with respect and dignity.

Furthermore, let us not forget the importance of putting Australian workers first. The government's commitment to our citizens does not negate the recognition of the contribution of migrant workers to our society. By prioritising Australian workers for job opportunities we ensure that our people have access to meaningful employment and are not displaced in their homeland. Some may seek to misread our intentions, but the truth is we believe in maintaining a balanced approach to migration, one that safeguards the interests of both Australian workers and those who come to our shores seeking a better life.

Australia has always been a land of opportunity, and we must ensure that these opportunities are accessible to all, regardless of their background. To achieve this we must streamline the visa application process and facilitate cooperation between the Department of Home Affairs and the Fair Work Ombudsman. A collaborative approach between these agencies will ensure that the path to compliance is clear, straightforward and accessible to both workers and employers.

We must also address the question of exploitation that occurs within sectors that rely heavily on temporary migrant labour in agriculture, hospitality and other industries. Migrant workers often find themselves vulnerable to dishonest employers. This bill seeks to provide additional protections for those workers and ensures that their contributions are recognised, valued and rewarded fairly.

It is essential to remember that this legislation is not just about words on paper. It is about values we hold dear—the values that have shaped our great nation, like fairness, compassion and respect. This bill is a tangible manifestation of these values—a testament to our commitment to building a better, fairer and more prosperous Australia for all.

I call upon all members of this place to support this bill, to embrace the ideals that define us as a nation, to stand united against exploitation and unfairness and to show the world that Australia remains a beacon of hope and opportunity. Let us move forward, building a path that reflects the very essence of our identity as Australians—a diverse, compassionate and fair society that celebrates the richness that migration brings to our shores.

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