The exploitation of Australia’s migrant workers through low wages and unpaid entitlements is being exacerbated by an “inaccessible” legal system, a report has found.
The bigger picture: Under the Fair Work Act, migrants are entitled to hold their employers accountable for unpaid wages and entitlements through the small claims court.
However, a Migrant Justice Institute report released on Thursday has found that few do.
The authors say the current Fair Work Act — intended to establish a guaranteed safety net of fair, relevant and enforceable minimum legal rights, and entitlements for all workers — is “effectively hollow”.
“Nine out of 10 migrants who knew they were underpaid took no action,” the report says.
“An extremely small number of workers take this step — in 2022-23, only 137 attempted to recover their wages across the country.”
The key quote: “In reality, it is virtually impossible for most migrant workers to file and pursue a small claim without legal assistance.” — the Migrant Justice Institute’s
What happens next: In 2019, the Commonwealth Migrant Workers’ Taskforce recognised that the small claims court system was not enabling migrant workers to claim the wages they were owed.
It recommended a government review, which is yet to be completed five years later.
The report recommends a new dispute resolution process and streamlining of claims to address some of the challenges associated with lodging a claim.