Submission to the Migration Act 1958 Amendment Bill 2023
FECCA’s submission to the Migration Act 1958 Amendment (Strengthening Employer Compliance) Bill 2023 supports the Bill’s aim to protect temporary migrant workers from exploitation but highlights several areas that need improvement to ensure its effectiveness. FECCA stresses that proposed measures alone will not be sufficient to protect migrant workers. The key concern is the lack of a clear guarantee that a worker’s visa will not be cancelled if they report exploitation. Without this assurance, migrant workers are likely to remain reluctant to report abuse, thereby allowing exploitation to persist. FECCA recommends that the Bill explicitly guarantee protection against visa cancellation for those who report exploitative practices.
Additionally, FECCA calls for the creation of a public “violation tracker” to increase transparency and accountability for non-compliant employers, as well as increased funding for legal services to support workers pursuing exploitation cases. The submission also highlights the need for more resources for the Fair Work Ombudsman to handle the increased reporting of abuse and to ensure effective enforcement of the new laws. Furthermore, FECCA advocates for a comprehensive education campaign to inform migrant workers and employers about their rights and responsibilities under the Bill, with materials provided in multiple languages and through trusted community organisations. These measures are essential to creating a more supportive environment for migrant workers and ensuring that their rights are upheld in the workplace.
