Viviana, a migrant worker from Colombia, believed she had no recourse when an employer refused to pay her wages. It wasn’t until she stumbled upon a Facebook post that she realised the extent of her exploitation. A qualified clinical psychologist, Viviana had come to Australia seeking better work opportunities as a support worker within the National Disability Insurance Scheme, a path she envisioned as a positive step for her career.
However, her experience took a distressing turn. For months, Viviana, who has requested her full name be withheld for privacy, endured late-night phone calls from her employer, often between 1 and 2 AM. “If I didn’t answer, she was very rude, very aggressive,” Viviana recounted. When she attempted to address the mistreatment, her employer allegedly threatened her with visa cancellation. The situation culminated when Viviana requested a single Sunday off work, only to be dismissed and left with her outstanding wages unpaid. ” ‘[My employer] said, ‘You are just an immigrant, you don’t have rights here’,” Viviana stated, recalling the devastating words. “I didn’t have support, I didn’t know my rights and I didn’t have money.” At just 27 years old and on the verge of leaving Australia, a Unions NSW Facebook post, written in her native Spanish and detailing workers’ rights, offered a lifeline. This intervention eventually led to her being awarded $40,000 in unpaid wages by the Local Court of NSW, though she is yet to receive the funds.
Millions in Stolen Wages and Widespread Exploitation
Viviana’s story is not an isolated incident. She is one of hundreds of migrant workers who have been identified and assisted through an outreach program funded by the federal government. However, unions are raising serious concerns that this vital program, known as Protecting Migrant Workers — Information and Education, is at risk of being defunded in the upcoming May budget.
This national program has been operational for 12 months, with unions across Australia receiving grants to deliver crucial education and legal advice sessions in a multitude of languages. Over the past year, more than 16,400 visa holders have participated in these sessions, gaining essential knowledge about their workplace rights.
The impact of this program is significant:
- Victoria: Through individual case support, $236,000 has been successfully recovered for migrant workers.
- Queensland: The program uncovered a disturbing case where 70 African migrants working on a farm in Gatton were denied superannuation payments for years. When the farm owners realised the extent of their debt, they reportedly “phoenixed” the company to avoid their financial obligations, according to Unions NSW.
The $13.5 million scheme, managed by the Department of Home Affairs, has, in its inaugural year, exposed millions of dollars in stolen wages, documented threats of visa cancellation, and identified instances of what can only be described as “modern slavery” perpetrated by some Australian employers. In New South Wales alone, the program has identified $1.35 million in potential unpaid wage claims, alongside numerous cases of exploitation and workplace injuries where employers have flagrantly breached Australian law.
One of the most alarming cases highlighted involved a woman who endured nearly seven years of “domestic servitude” to a prominent Sydney business owner. During this period, she received no paid leave or superannuation. Her duties reportedly included cooking, cleaning, and providing personal care seven days a week, with her ability to leave the house contingent on her employer’s permission. The union estimates she was deprived of approximately $500,000, a sum they are now actively helping her to recover.
Despite these critical successes, Unions NSW has indicated that their staff have been warned to brace for a “difficult budget cycle.” This suggests that the program’s funding, along with the positions of its 40 dedicated staff, could be eliminated as part of broader federal budget savings.
Mark Morey, the secretary of Unions NSW, emphasised the dire consequences of cutting this funding. He stated that cases of mistreatment, currently being brought to light by the program, would likely go unnoticed and unaddressed. “It’s a program that’s actually on the ground, meeting with workers who are being exploited and then getting them out of those situations,” Morey explained. He added, “A level of exploitation, I think, most Australians would be really shocked is going on in this country.”
Pacific Workers Face Wage Theft and Denied Compensation
In Wagga Wagga, a regional hub in New South Wales’ Riverina, approximately 20 migrant workers, brought to Australia under the Pacific Island Labour Mobility (PALM) scheme, convened in a community hall. Their purpose was to gain a better understanding of their rights in the workplace. This group predominantly comprises women, many accompanied by young children, who have been recruited by the federal government to undertake demanding physical labour roles in the agricultural and food manufacturing sectors.
Sylvia, who has also requested anonymity to protect her ongoing legal case, shared a harrowing experience. In 2023, she sustained a work-related injury while participating in the PALM scheme but was subsequently denied workers’ compensation. “They just left me like that,” she said, her voice tinged with distress. “They didn’t look after me, when I was injured from them.” Adding to her ordeal, Sylvia stated that her employer waited until the day before her visa was due to expire to issue her a new one, a move that allowed her to remain under medical care but caused her significant anxiety.
In a separate case involving the PALM scheme, this time in South Australia, a union representative reported that migrant worker Abilio had his wages stolen and his work records falsified by his employer, who also served as his landlord.
Loata Toia, a program ambassador based in Wagga Wagga, highlighted the widespread issues faced by these workers. Many have limited or no English proficiency, and their stories are replete with instances of mistreatment and workplace injuries. “There’s workplace injuries where they are not provided with workplace compensation entitlements, there’s unfair dismissal that happens, they’re exploited and they’re underpaid,” Toia stated. She lamented the lack of accountability, noting, “No one wants to take responsibility, whether it’s the employer, whether it’s the Australian government, whether it’s their home government.” Toia concluded by underscoring the dedication of these workers: “These workers have left their homes, wanting to provide for their families and contribute to this country, and now we have a program that helps them … feel safe and earn a living.”
Unions currently administering the Protecting Migrant Workers program in each state and territory are advocating for a guaranteed funding commitment for a period of three years. The Department of Home Affairs has not provided a comment in response to inquiries.
