If you think worker exploitation is only happening in overseas factories in poorer nations then you’d be wrong. It is happening right here in Australia, on our doorstep, in the so called lucky country.
Worker mistreatment is becoming an all-too-common horror story in Australia. From agriculture to hospitality, retail, construction and everything in between, the increasing pervasive control of corporations over vulnerable workers show that better protections are needed.
Corporate giants such as 7-Eleven and Dominos have been publicly shamed for abusing the corporate form and taking unfair advantage of vulnerable workers for higher profits and
These stories are symptomatic of wider social and legal issues that allow these abhorrent practices to continue. Unfortunately, we are not even close to uncovering the full extent of Australia’s shameful working underclass.
Exploiting the social vulnerabilities and weaker bargaining positions of a transient agricultural and horticultural workforce, youthful hospitality workers, culturally diverse international students and women returning to work, plainly has no place in Australia.
We are not even close to uncovering the full extent of Australia’s shameful working underclass.
7-Eleven and Dominos are only the tip of the iceberg. Workers who receive sub-standard pay and conditions are silenced because of the financial and other risks associated with the often insecure nature of their employment.
Breaching visa conditions to earn a living wage can turn into a cycle of abuse, with employers threatening to tell authorities, and the very real prospect of deportation.
It is under these conditions that we as a nation expect people to come forward to report corruption and misconduct, but the cruel irony for people brave enough to speak up is that it can often do them more harm than good.
At the moment the legislation designed to protect whistleblowers is so complicated that whistleblowers might actually be breaking the law on a little known technicalities, which can leave many exposed to workplace reprisals.
Stronger whistleblower protections are needed in order for more people to speak out about unfair, unjust and unlawful treatment in the workplace. The laws must provide protection to those who are vulnerable, not legal loopholes to people in powerful positions wanting to silence dissent. This is essential if our democracy is to function properly and worker exploitation is to end.
Giri Sivaraman on Insight. Source: Insight
So what are your rights at work?
There are a number of laws that prescribe minimum working conditions that employers must comply with. Employers cannot ‘contract out’ of requirements to avoid compliance with workplace standards. This means they can’t make employees sign any document or contract that waives their rights to conditions.
Pay rates are generally set by , (EBAs) and the (the Act). The Act prohibits employers paying below the National Minimum Wage, which currently sits at $17.70 per hour or $672.70 per week. If you are covered by an Award or EBA, your ordinary rates may be higher. More information can be found on the website. In Australia it is not “normal” to be paid nor should your employer demand cash back on your salary or make you share your wage with a colleague.
Depending on your Award or EBA, you may be entitled to extra hourly or rates for working particular shifts, on weekends or on public holidays, and for working additional or hours.
Generally, is the maximum number of ordinary hours to be worked per week. This position could be modified by an EBA or industry-specific Award.
Australia’s labour laws are underpinned by a culture of collectivism, which gives employees the right to join a trade union or other industrial association. It is unlawful for an employer to discriminate against you on the basis of your trade union association or membership. It is unlawful for an employer to dismiss you because you made a complaint about a such as the right to join a union or the right to enjoy a discrimination-free workplace.
If you are a migrant worker, it is important to ensure that your employment is consistent with your current visa conditions. If you are affected by the 7-Eleven wage fraud scandal, the Department of Immigration and Border Protection have provided a At the moment if you come forward to report underpayment of your wages you will not be deported. You can contact your state’s law society if you need a migration agent.
Workers are entitled to personal leave - either or , depending on whether you are a casual employee. All employees are entitled to take unpaid rest breaks and paid meal breaks for durations specified in an EBA or Award.
Giri Sivaraman is a lawyer and guest on Insight's , looking at the extent to which forced labour and exploitation exist in Australia | Catch up online now:
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