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Unions and lawyers demand protection of migrant workers

Immigration Minister Andrew Giles has released a report on the experiences of migrant workers. (Darren England/AAP PHOTOS)

Migrant workers would be better protected from underpayment, exploitation and unsafe conditions under legislation being put forward by unions, lawyers and human rights groups.

The harrowing experiences of several workers have been revealed in a report released on Wednesday by Immigration Minister Andrew Giles.

Mr Giles has previously committed to introducing laws to penalise unscrupulous employers preying on vulnerable migrant workers.

One worker interviewed for the report arrived in Australia from Samoa ready to get stuck into fruit picking on a regional farm.

But he was not provided with suitable safety equipment and sustained an injury to his right eye, leaving him partially blind.

"When I realised my employer was trying to send me back to Samoa, I went through a lot of stress," he said through an interpreter.

"I was told to work against my doctor's recommendation.

"I felt completely jailed within my own body not being able to talk or express any opinion on how I felt."

The report was authored by several groups including Unions NSW, the Migrant Workers Centre and Human Rights Law Centre.

Unions, lawyers and migrant rights groups are calling for the introduction of an exploited worker guarantee, allowing employees to report bosses for unfair actions without fear of retaliation.

They argue it should be accompanied by a specific workplace justice visa that protects against deportation while workers seek advice and pursue action against exploitative employers.

"Temporary migrants who want to speak up about and escape exploitation do so at the risk of being kicked out of the country," Unions NSW secretary Mark Morey said.

"This is because the employer can retaliate by anonymously telling the Department of Home Affairs that the worker is in breach of their visa."

An Indian worker who arrived in Australia to work as a chef was taken aback at deductions to his pay cheque.

When he complained, the man was sacked on the spot and reported to the Department of Home Affairs, who sent a letter of intention to cancel his visa. 

"They (his employers) wanted to force me to sign a new contract and told me I had until 6pm and if I didn’t sign, I needed to leave the property," he said.

"I know that I didn’t do anything wrong, I just raised my voice because they were doing something unfair."

A survey conducted in 2018 by the Migrant Justice Institute, one of the co-authors of the report, found a quarter of temporary workers reported reluctance to pursue action for breaches of employment laws due to fear of visa cancellation.

Mr Morey said rife exploitation damaged Australia's migration system and international reputation and allowed dodgy companies to get away with taking hard-earned money from underpaid workers.

“We do not bond citizens or permanent residents to their bosses, because that would be unacceptable," he said.

"So why is it OK when it comes to migrant workers?”

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