Recommendations contained in the Report of the Migrant
Workers' Taskforce, March 2019.
Recommendation 1
It is recommended that the Government establish a whole of
government mechanism to further the work of the Migrant Workers' Taskforce
following its completion.
Recommendation 2
It is recommended that a whole of government approach to the
information and education needs of migrant workers be developed. It is
recommended that this approach be informed by findings of the research project,
The Information Needs of Vulnerable Temporary Migrant Workers about Workplace
Laws, with implementation of the following measures:
- improve
the delivery and accessibility of personalised, relevant information to provide
the right messages at the right time to migrant workers
- use
behavioural approaches to encourage and advise migrant workers how to take
action if they are not being paid correctly
- enhance
the promotion of products and services already available from government
agencies — particularly in-language information — through search engine
optimisation, expanded use of social media channels, and cross-promotion of
Fair Work Ombudsman material by other agencies
- improve
messaging in government information products so they are translated, simple,
clear and consistent
- work with
industry and community stakeholders to educate employers and address
misconceptions about the rights and entitlements of migrant workers in
Australian workplaces.
Recommendation 3
It is recommended that legislation be amended to clarify
that temporary migrant workers working in Australia are entitled at all times
to workplace protections under the Fair Work Act 2009.
Recommendation 4
It is recommended that legislation be amended to prohibit
persons from advertising jobs with pay rates that would breach the Fair Work
Act 2009.
Recommendation 5
It is recommended that the general level of penalties for
breaches of wage exploitation related provisions in the Fair Work Act 2009 be increased to be more in line with those applicable in other business laws,
especially consumer laws.
Recommendation 6
It is recommended that for the most serious forms of
exploitative conduct, such as where that conduct is clear, deliberate and
systemic, criminal sanctions be introduced in the most appropriate legislative
vehicle.
Recommendation 7
It is recommended that the Government give the courts
specific power to make additional enforcement orders, including adverse
publicity orders and banning orders, against employers who underpay migrant
workers.
Recommendation 8
It is recommended that the Fair Work Act 2009 be
amended by adoption of the model provisions relating to enforceable
undertakings and injunctions contained in the Regulatory Powers (Standard
Provisions) Act 2014 (Cth).
Recommendation 9
It is recommended that the Fair Work Ombudsman be provided
with the same information gathering powers as other business regulators such as
the Australian Competition and Consumer Commission.
Recommendation 10
It is recommended that the Government consider whether the
Fair Work Ombudsman requires further resourcing, tools and powers to undertake
its functions under the Fair Work Act 2009, with specific
reference to:
- whether vulnerable workers could be encouraged to approach the
Fair Work Ombudsman more than at present for assistance
- the balance between the use of the Fair Work Ombudsman’s
enforcement and education functions
- whether the name of the Fair Work Ombudsman should be changed to
reflect its regulatory role
- getting redress for exploited workers, including the use of
compliance notices and whether they are fit for purpose
- opportunities for a wider application of infringement notices
- recent allocations of additional funding.
Recommendation 11
It is recommended that the Government consider additional
avenues to hold individuals and businesses to account for their involvement in
breaches of workplace laws, with specific reference to:
- extending
accessorial liability provisions of the Fair Work Act 2009 to also cover
situations where businesses contract out services to persons, building on
existing provisions relating to franchisors and holding companies; and
- amending
the Fair Work Act 2009 to provide that the Fair Work Ombudsman can enter
into compliance partnership deeds and that they are transparent to the public,
subject to relevant considerations such as issues of commercial in confidence.
Recommendation 12
It is recommended that the Government commission a review of
the Fair Work Act 2009 small claims process to examine how it can become
a more effective avenue for wage redress for migrant workers.
Recommendation 13
It is recommended that the Government extend access to the
Fair Entitlements Guarantee program, it should be done following consultation
regarding the benefits, costs and risks, and it should exclude people who have
deliberately avoided their taxation obligations.
Recommendation 14
It is recommended that in relation to labour hire, the
Government establish a National Labour Hire Registration Scheme with the
following elements:
- focused on
labour hire operators and hosts in four high risk industry sectors —
horticulture, meat processing, cleaning and security — across Australia
- mandatory
for labour hire operators in those sectors to register with the scheme
- a low
regulatory burden on labour hire operators in those sectors to join the scheme,
with the ability to have their registration cancelled if they contravene a
relevant law
- host
employers in four industry sectors are required to use registered labour hire
operators.
Recommendation 15
It is recommended that education providers, including
through their education agents, give information to international students on
workplace rights prior to coming to Australia and periodically during their
time studying in Australia.
Recommendation 16
It is recommended that education providers, through their
overseas students support services, assist international students experiencing
workplace issues, including referrals to external support services that are at
minimal or no additional cost to the student and that specific reference to
this obligation be made in the National Code of Practice for Providers of
Education and Training to Overseas Students.
Recommendation 17
It is recommended that the Council for International
Education develop and disseminate best practice guidelines for use by
educational institutions.
Recommendation 18
It is recommended that the Minister write to the Prime
Minister requesting that accommodation issues affecting temporary migrant
workers be placed on the Council of Australian Governments (COAG) agenda.
Through COAG, the Australian Government should work with state and territory
governments to address accommodation issues affecting temporary migrant workers
— particularly working holiday makers undertaking ‘specified work’ in regional
Australia.
Recommendation 19
It is recommended that the Government consider developing
legislation so that a person who knowingly unduly influences, pressures or
coerces a temporary migrant worker to breach a condition of their visa is
guilty of an offence.
Recommendation 20
It is recommended that the Government explore mechanisms to
exclude employers who have been convicted by a court of underpaying temporary
migrant workers from employing new temporary visa holders for a specific
period.
Recommendation 21
It is recommended that the Fair Work Ombudsman and the
Department of Home Affairs undertake a review of the Assurance Protocol within
12 months to assess its effectiveness and whether further changes are needed to
encourage migrant workers to come forward with workplace complaints.
Recommendation 22
It is recommended that the Government give a greater
priority to build an evidence base and focus its existing research capacity
within the Department of Jobs and Small Business on areas affecting migrant
workers. It should do this to better understand the extent, nature and causes
of any underpayment and exploitation migrant workers may experience. The
department should work across departments where appropriate. Separately, and in
addition:
- the Department
of Education and Training should work with the Council for International
Education and peak organisations to help identify mechanisms for providers to
collect data about student visa holders' experiences of working in Australia
- the
Department of Education and Training should conduct regular surveys of overseas
students that include workplace experience
- the
Government should support work being undertaken by ABARES, the science and
economics research division of the Department of Agriculture and Water
Resources to increase data collection in relation to agricultural labour.
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