Migrant workers are three times more likely to be victims of forced labour than non-migrant workers. As a migration corridor for temporary and seasonal workers, Australia has an increased risk of modern slavery occurring. And data tells us that more than half of Australia’s modern slavery survivors are migrants. 

Kyla Raby, an anti-slavery practitioner and founder of Everyday Slavery, tells upstart that sectors that employ migrant workers tend to be a high risk setting for modern slavery.  For example, those who work as independent contractors—like those in rideshare or food delivery jobs—are particularly vulnerable.  Gig economy workers are not considered employees but are considered independent contractors who are “open to exploitation,” Raby says. 

Exploitation of gig economy workers was addressed in Australian law reform when the increasing deaths of delivery workers deaths attracted recent national attention. Victoria Police reported that 143 motorcycle and bicycle riders were injured on Victorian roads in 2022 while working. Data from the McKell Institute also found that at least 45 percent of transport workers in the Australian gig economy were earning below the minimum wage. One worker reported earning under $10 an hour after costs to the ABC, despite the national wage being $23.23 per hour.  

Other industries most at risk of modern slavery are those that employ seasonal workers, particularly in Australia’s agriculture, construction, hospitality, and manufacturing sectors. Another is the fashion industry. Dr Kanika Meshram, a researcher in marketplace discrimination on vulnerable consumer communities and modern slavery at Melbourne University is particularly concerned with the sector, where she tells upstart there can be “extreme” levels of exploitation. 

Dr Meshram says it is hard to generalise but most at-risk workers are migrants in Australia. In the fashion industry, “garments always get assembled…anywhere there’s assembly, you cut down on your cost and hire these cheap labourers to help you support your product in that way.”  

Outworkers in Australia’s Textile, Clothing, and Footwear (TCF) industry, many of whom work from home on wages paid by the minute, are also at risk of experiencing modern slavery due to the lack of visibility around their employment. There are an estimated 21,357 industry workers nationwide and around 49 percent of those workers were not born in Australia.  

Since its 2018/2019 report the Australian Federal Police (AFP) has received 178 reports of forced labour and exploitation and reported a 50 percent increase in reports over the last five years. Penalties for committing a modern slavery offence in Australia are listed under the Criminal Code Act 1995, which includes offences relating to human trafficking, slavery, and slavery-like practices, such as, servitude, forced labour, and deceptive recruiting. These criminal offences carry penalties of up to 25 years’ imprisonment.  

In October last year, a court heard that a victim was coerced to work 14-hour days, seven days a week, for two consecutive years in a Box Hill confectionary store. An AFP investigation found the business owner had promised the victim help securing a visa, while making threats to report the victim and his family to the authorities for working illegally. The perpetrator was sentenced to three years and six months imprisonment for forced labour offences.  

Raby believes the rising numbers in reports may not reflect an increase in exploitation, but a greater shared understanding of modern slavery. This results in an increase in reporting.   

“I think that the 50 percent increase in reports to the police might indicate that people are becoming more aware of exploitation and more likely to report it, whether that’s third parties or individuals themselves,” she says.  

There has been a lot of recent work in the modern slavery prevention space, Raby says. For example, a labour hire regulation scheme is something the sector has been calling on, which would ensure one standard process for certification of labour hire, as there are currently a range of different certification processes which “makes it really hard to regulate those third-party organisations that are doing the recruitment”.   

A lack of advertising frameworks and effective governance of social media and job seeking sites allow traffickers to reach out through business pages and recruitment ads. It also doesn’t help that social media companies are not required to make a modern slavery statement in Australia.  

The Modern Slavery Act 2018 requires over 3,000 entities in Australia to publish an annual report addressing the actions they are taking to combat modern slavery both within their immediate network and through their supply chains. However, Raby labelled the Modern Slavery Act “a very weak piece of legislation” in its current form.   

“There’s no civil penalties. There’s no penalties at all if someone doesn’t [provide a report]. I would say it’s not an effective prevention tool,” she says.   

Dr Meshram also feels that prevention has a long way to go without a solid governance body.   

“Even the Modern Slavery Act, if you look at it, it’s simply a reporting act…there isn’t groundwork done. You cannot expect industries to go and audit their own supply chain and report honestly on whether there’s slavery or not. That’s just not the right way to go,” she says.  

Many protections currently in place are reactionary rather than preventative such as the Fair Work Ombudsman who monitors, investigates, and enforces compliance with Australia’s workplace laws to ensure everyone in Australia has the same protections while at work, regardless of their visa or citizenship status. 

Raby says the government is also in the process of developing a National Labour Employer Regulation Scheme which aims to promote accountability and transparency in businesses and protect labour hire workers from exploitation.   

“There’s been some great changes announced recently which should hopefully have an impact when they come into play,” she says. “That involves more security for migrant workers if they’re reporting their concern, that they won’t be deported or that their visa immigration status won’t be affected.” 

Article:

Harrison Shortis is a second-year Bachelor of Media and Communications (Journalism) student at La Trobe University. You can follow him on Twitter @HarryShortis1

Tia Clarkson-Pascoe is a second-year Bachelor of Media and Communications (Journalism) student at La Trobe University. You can follow her on Twitter @tia_pascoe

Deniz Ay is a second-year Bachelor of Media and Communications (Journalism) student at La Trobe University. You can follow her on Twitter @FromDenizAy

Photo: Deliveryman Holding a Paper Bag and Clipboard by Pavel Danilyuk is available HERE and is used under a Creative Commons Licence. This image has not been modified.