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The widespread underpayment of migrant workers in Australia is now well-documented. The vast majority never recover the wages they are owed.
In 2009, the federal “small claims” court process was established in the Federal Circuit and Family Court of Australia. The idea was to give workers a simple and accessible forum to claim unpaid wages and entitlements from their employers – without needing a lawyer.
But our new research has found that in reality, this process is virtually impossible to use without legal support.
The Fair Work Act aims to ensure a “guaranteed safety net of fair, relevant and enforceable” minimum legal rights and entitlements.
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Here’s why underpayment and exploitation of migrant workers is rife
Recent migrants are twice as likely to be underpaid as migrants who have been in Australia for at least 10 years, and those born here.
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