The AMWU has called for greater legislated protection for vulnerable workers after a victory in the Victorian Civil and Administrative Tribunal this week.
The union succeeded in getting the matter between recruitment agency ABC Global Services and four Filipino 457 workers dismissed.
The workers were recruited to Townsville by ABC Global Services, but were then sued by the company for neglecting to pay recruitment fees totalling $6,600 per worker. VCAT today dismissed the case and ABC Global Services were forced to withdraw their claim as they had already received payment from the employer.
The case demonstrates the kinds of legal loopholes and potential for exploitation that 457 workers often face AMWU National President, Julius Roe, said.
“It’s a great win for the workers, who simply could not afford to pay the recruitment fees which were unfairly applied to them in the first place.
“According to the Department of Immigration's own data, the overwhelming majority of 457 visa trades workers are underpaid or at the minimum allowable currently set at $43,440,” Mr Roe said.
“Prior to the increase by the Rudd Government in August the Minimum SalaryLevel was set at $41 850, which is at least $10,000 below the market rate.
“This is the reality for many workers who are in fact paid well below market rates for the work they perform, or forced to work longer hours to reach that base salary level.
“The AMWU often represents 457 workers in cases such as these, where employers or agencies have exploited the visa scheme to undercut market rates, neglect proper health and safety provisions, or overcharge and unfairly penalise workers.
457 visa workers are particularly vulnerable to exploitation as they frequently speak little English, have poor understanding of their rights and can be threatened with deportation if they speak up.
“The best way to avoid these cases is to ensure that greater regulation and legislation is in place to give the full protection and representation that Australian workers expect,” said Mr Roe.