Migrant workers who report wage theft won’t have visas cancelled

Migrant workers who report wage theft won’t have their visas cancelled under a new agreement between government agencies.

The Fair Work Ombudsman and the Department of Home Affairs have agreed to protect vulnerable overseas workers.

As a result, migrant workers will hopefully come forward and seek assistance if they are exploited by a rogue employer.

Previously, overseas workers have been reluctant to complain about wage theft because they feared losing their visas and then being kicked out of Australia.

Migrant workers who report wage theft won’t have visas cancelled

Under the terms of the agreement, a person’s temporary visa will not be cancelled if they:

• have an entitlement to work as part of their visa,
• experience exploitation at work,
• have reported their circumstances to the Fair Work Ombudsman
• and are also actively assisting the Fair Work Ombudsman in an investigation.

This applies as long as:

• they commit to abiding by visa conditions in the future,
• and there is no other basis for visa cancellation (such as on national security, character, health or fraud grounds).

Agreement makes it easier for workers to come forward

Meanwhile, Fair Work hopes the agreement will make it easier for migrant workers to come forward.

The regulator wants to better understand the issues faced by visa holders and migrant workers.

Fair Work Ombudsman Sandra Parker said:

“All workers in Australia have the same workplace rights, regardless of their citizenship or visa status.

“It is unlawful and unacceptable to pay migrant workers a so called ‘market rate’ that undercuts the applicable minimum Award rates. 

“The Australian market rate for these workers is not negotiable.”

Parker said migrant workers can make complaints anonymously through the agency’s Anonymous Reporting Tool.

Sandra Parker – Fair Work Ombudsman

Employers cannot cancel a worker’s visa

Meanwhile, Miles Heffernan from Fair Work Claims said rogue bosses often threaten migrant workers with visa cancellation to discourage them from making formal complaints.

“The Department of Home Affairs is the only agency that can cancel visas,” he said.

“And as a result of this new agreement hopefully exploited workers will feel comfortable coming to make a complaint.”