Migrant workers' exploitation costing billions in wages

Two-thirds of migrant workers are underpaid, according to a major survey a prominent anti-slavery official is pleading becomes a wake-up call - 8 May 2026.

‘Every time we had to ask for pay’: Workers are losing billions in migrant wage scandal

The largest study of migrant working conditions in Australia has found 65 per cent are underpaid, with more than one-third earning below the minimum wage - 7 May 2026.

International students cheated out of $3.18bn in annual wages, new report finds

The systematic exploitation of workers on temporary visas has become embedded in Australia’s labour market, MJI’s landmark new report has found - as reported in the Australian - 7 May 2026.

Fears, rorts, and exploitation: 10,000 workers in Australia expose a $3.2 billion problem

A major new study reveals widespread migrant worker exploitation, underpayment and insecure work - 7 May 2026.

Inspection reveals substandard housing for PALM scheme workers in Gippsland

MJI’s Laurie Berg was interviewed by the ABC’s Lily Kristanto to provide an expert opinion concerning housing concerns for PALM scheme workers - 24 February 2026.

Pacific workers stay silent to keep their jobs

Pacific workers who flock to Australia on temporary visas are too afraid of losing their jobs to fight for better pay and working conditions - MJI’s Laurie Berg spoke to Robyn Wuth from aap.

Migrant workers struggling to reclaim unpaid wages while balancing visa conditions

MJI’s Bassina Farbenblum was interviewed by the ABC’s Scout Wallen to provide an expert opinion concerning the “extremely few” migrant and visa workers who ever manage to reclaim unpaid wages - 5 September 2025.

Migrant Protection: Calls for workers compensation scheme to be extended to migrant workers

The Fair Entitlements Guarantee (FEG) is under review and MJI’s Bassina Farbenblum joined Joe O’Brien to disscuss this matter on the ABC News on Monday, 17 March 2025.

Migrant Exploitation Experts Call For Increase to Services Accredited With Certifying Workplace Justice Visas

Migrant Justice Institute co-executive director Laurie Berg said while the pilot was world-leading, the government needed to expand the list of partner organisations able to process claims.

United Petroleum Outlets Fined for Underpaying Workers - HRD Australia

Data from the Migrant Justice Institure last year revelaed that wage theft is “widespread” across Australia.

Government wage claim system review: Key MJI recommendations adopted

The Australian government has released its report on the review of the federal court system for claiming unpaid wages. It adopts several key reforms we proposed in last year’s All Work, No Pay report, which we submitted in draft to the review. These include a new ‘equal access costs’ model that will remove unfair legal costs for workers who successfully recover the wages they are owed.   

The report acknowledges that the ‘small claims’ jurisdiction remains ‘underutilised’ with just 137 small claims filed in 2023-23.  

Australia’s inaccessible wage claim system cannot be allowed to continue. Implementation of an equal access costs model and other recommended reforms must be a priority for whichever government wins the upcoming federal election. 

Dated February last year but only released in 2025, the report contains findings from the Department of Employment and Workplace Relations’ review of the Federal Circuit and Family Court procedure available for claiming unpaid wages up to $100,000.  

all work, no pay recommendations adopted 

Under our ‘equal access costs’ model adopted by the review, a court could order employers to pay the legal costs of workers who succeed in their wage claim against the employer. However, where an employee is unsuccessful, each party would bear its own costs (as is currently the case) unless the worker’s claim is unreasonable or vexatious. This means workers who take their employer to court would no longer have to deduct legal fees from the wages the employer was required to pay in the first place, and would not have to incur the risk of legal costs if they bring a reasonable, but ultimately unsuccessful, wage claim. This would remove a critical obstacle to underpaid workers pursuing wage claims and increase the availability of private lawyers willing to assist vulnerable workers. 

The next government should also implement the following further reforms set out in our All Work, No Pay, which the review recommends for government consideration: 

• Simplification of Court application forms; 

• Visa protections to remove barriers to migrant workers’ pursuit of claims; 

• Extension of the Fair Entitlements Guarantee (FEG) to temporary visa holders when a business liquidate leaving wages unpaid; 

• Additional funding for community legal services, including the establishment of duty lawyer services; and 

• Consideration of the extension of the small claims jurisdiction to a tribunal and establishment of a new federal industrial court. 

In addition, the report recommends government consider an automatic exemption from filing fees (around $265) for workers aided by a migrant worker centre, union or the FWO, or is claiming less than $5,000, and clear communication of the fee wavier on the court’s website. It suggests government produce a ‘do it yourself’ kit for applicants along with additional information for vulnerable workers including in languages other than English. 

reforms must go further

These reforms will go some way towards improving the effectiveness the wage claim process for migrant workers. However, All Work, No Pay sets out further critical reforms which are necessary to ensure migrant workers can meaningfully access justice for wage theft. Most importantly, we recommend: 

• A new Wages & Superannuation Calculation Service, providing workers with a free and accurate calculation of the amount they are owed, based on information the worker provides about their job and the hours they worked 

• Simplified rules guiding the service of an applicant’s documents on their employer  

• Greater support for parties through case management processes, with new legislative consequences for respondents who fail to attend a hearing or comply with key procedural steps; 

• A new wage guarantee scheme, administered by the Department, to ensure any worker with a court judgment in their favour receives their entitlements if the employer disappears or refuses to pay. 

Without these reforms the wage claim process will remain inaccessible to migrants and many other workers, leaving basic labour protections in Australian law practically unenforceable and effectively hollow. Implementation of an equal access costs model and other recommended reforms must be a priority for whichever government wins the upcoming federal election. 

New 'justice visa' for exploited migrant workers

The Law Report’s Damien Carrick spoke to one of the first exploited migrant workers to obtain the new workplace justice visa.

He also interviewed our Co-Executive Director Laurie Berg about our All Work, No Pay report.

Migrant workers have long been too scared to report employer misconduct. A new visa could change this

The conversation | Laurie Berg & Bassina Farbenblum

Tragically, a deep fear of immigration consequences means most unlawful employer conduct goes unreported.

On Wednesday, however, the government officially launched a two-year pilot of innovative visa reforms that could bring these workers out of the shadows.

Australia has a new Workplace Justice visa

The Australian federal government today introduced world-leading visa reforms to address migrant worker exploitation. Based on our 2023 proposal, Breaking the Silence, which was endorsed by over 40 organisations, these include a new ‘Workplace Justice visa’ permitting migrants worker to stay in Australia to enforce their labour rights. Exploited workers who have breached their visa will have guaranteed immunity from visa cancellation while they take action against their employer. 

Ni-Vanuatu women unite to overcome seasonal work 'nightmare'

A case brought to the Federal Court by 12 Pacific Islander female workers alleges the group was subject to persistent sexual harassment.

The group's fight for justice is being lauded as a possible catalyst for change in an industry where the exploitation of temporary migrants is rife.

Laurie Berg, co-executive director of the Migrant Justice Institute, says there is a "cycle of impunity" when it comes to the abuse of migrant workers.

2024 National Temporary Migrant Work Survey

We need your help to gather data to drive the next five years of change. Please share the survey with your networks - anybody who's worked in Australia on a visa in the past 15 years can tell us about their experiences. Read all about the survey.

New visa portability rights empower sponsored migrants to leave exploitative employers

Today, in Australia, three sets of reforms set new global best practice standards for protection of migrant workers on temporary visas and prevention of exploitation. 

New laws taking effect today introduce powerful portability rights for employer-sponsored migrant workers – among the strongest in the world. Globally, employer-tied visas trap migrant workers in exploitative work and create a profound power imbalance between abusive employers and migrants who cannot complain or leave their job.  

As of today, many employer-sponsored migrant workers in Australia will be able to: 

• leave their sponsor and remain in Australia for up to 180 days while finding an alternative sponsor (previously 60 days)

• work for any employer in any industry in Australia during that transition period (or choose to not work)

• transition again, for a total of up to 365 days during the course of their visa.   

This will shift the power imbalance between sponsoring employers and migrant workers: migrants who are being underpaid or mistreated at work can now walk away without risking their stay in Australia. They will have time to find a new sponsor, and be able to support themselves while searching. This will hopefully catalyse a race to the top, in which employers will need to compete for migrants by offering safe and fair jobs because migrants who were previously trapped in poor jobs can now leave for better employers. 

Unlike the few other countries that enable exploited migrants to change sponsoring employers, the Australian laws do not require migrants to report exploitation or demonstrate that they have been victims of civil or criminal exploitation in order to obtain permission to leave their employer and remain in the country while finding a new sponsor.

The new portability rights will apply to 

• Temporary Skill Shortage visa (subclass 482) 

• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) 

• Temporary Work (Short Stay Specialist) visa (subclass 400) 

• Training visa (subclass 407) 

• Temporary Work (Skilled) visa (subclass 457) 

• A number of streams of the 403 Temporary Work (International Relations) visa (other than PALM workers) and some streams of the 408 Temporary Activity visa 

Unfortunately, these provisions do not extend to Pacific Islanders in the Pacific Australia Labour Mobility scheme. It remains too difficult for these workers to change their employer without separating from the scheme. 

For more information see: Migration Amendment (Work Related Visa Conditions) Regulations 2024 

Today, we are also a step closer to enactment of a new Workplace Justice Visa that enables migrant workers to remain in Australia to take action against an exploitative employer. Under new regulations enacted today, a new Workplace Justice Visa, proposed in our Breaking the Silence report,  will be available to a worker who can produce a prescribed certificate by government or another eligible certifier that they are undertaking a ‘workplace justice activity’ as prescribed by the Minister. A legislative instrument will soon set out the details for the certification that will underpin the WJ visa pilot. For more information see: Migration Amendment (Workplace Justice Visa) Regulations 2024 

Also today, new protections in the Migration Amendment (Strengthening Employer Compliance) Act 2024 come into effect. These include protections for undocumented workers, new criminal offences for employers who coerce migrants to breach their visa conditions or coerce migrants to acquiesce to poor treatment under threat of immigration consequences, and bans on employers who mistreat workers hiring additional workers on a temporary visa. For more information, see our earlier post on the passage of the law in February.  

Recovering lost wages is nearly impossible for Australia’s underpaid migrant workers

'Virtually impossible' for migrant workers to hold employers accountable for unpaid wages

Australia's law system is seen as "hollow" by migrant workers, who rarely chase up underpayment from their employers, according to a new report.

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Half of 4,000 interveiwed migrant workers being underpayed, research shows

Of the 4,000 migrant workers interviewed, over half were underpaid. Most knew this, but 9 in 10 did nothing. One went to court – but recovered none of their wages. It is not clear that wages claims are being systematically resolved via other legal forums or by the Fair Work Ombudsman, the report said.

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