Fair Work ignores Aussie workers in favour of migrants on temporary visas

The Fair Work Ombudsman is ignoring Aussie workers in favour of migrants on temporary visas.

Industrial advocate Miles Heffernan wants the workplace watchdog to set up a separate department to deal with visa holders.

“Fair Work’s annual report and media releases make clear its priority is to look after overseas workers,” he said.

“The regulator even chases unpaid wages for visa holders who have left the country and can’t be located.

“Meanwhile, they leave Aussie workers without assistance.”

Media releases

More than half of 22 media releases this year proudly boast about court action brought on behalf of migrant workers and visa holders.

For example, one dated 11 April outlines court action against a massage parlour that ripped off a Chinese worker on a 462 work and holiday visa.

In some instances, the regulator works to recover money for overseas workers who have left Australia.

An example of this is outlined in a press release dated 22 March involving former workers of a PappaRich outlet.

Overseas workers a priority

Fair Work’s annual report says migrants make up 6 percent of the workforce, but trigger 63 percent of court cases.

The report also states that investigating the exploitation of overseas workers is a priority for the agency.

Ombudsman Sandra Parker is repeatedly quoted in media releases making the same statement.

Clearly it is lazily copied and pasted by her media team:

“We prioritise any requests for assistance from migrant workers, who can be particularly vulnerable due to language or cultural barriers and may not be aware of their workplace rights. 

“All employees in Australia have the same rights at work, regardless of citizenship or visa status, and we encourage anyone with concerns about their pay to contact us.”

What about Aussie workers?

Mr Heffernan said Aussie victims of wage theft should also be a priority.

“Overseas workers are a vulnerable cohort, but so are plenty of Australian nationals who are young, or who don’t know their workplace rights,” he said.

Mr Heffernan says desperate workers regularly contact IR Claims for assistance after Fair Work turns them away.

“Fair Work tells them to negotiate with the employer themselves, or to hire their own lawyer to pursue their unpaid wages instead,” he said.

“It makes you wonder why the taxpayer is forking out $120 million a year to fund a workplace watchdog.”