Skip to main content

Site navigation

  • University of Technology Sydney home
  • Home

    Home
  • For students

  • For industry

  • Research

Explore

  • Courses
  • Events
  • News
  • Stories
  • People

For you

  • Libraryarrow_right_alt
  • Staffarrow_right_alt
  • Alumniarrow_right_alt
  • Current studentsarrow_right_alt
  • Study at UTS

    • arrow_right_alt Find a course
    • arrow_right_alt Course areas
    • arrow_right_alt Undergraduate students
    • arrow_right_alt Postgraduate students
    • arrow_right_alt Research Masters and PhD
    • arrow_right_alt Online study and short courses
  • Student information

    • arrow_right_alt Current students
    • arrow_right_alt New UTS students
    • arrow_right_alt Graduates (Alumni)
    • arrow_right_alt High school students
    • arrow_right_alt Indigenous students
    • arrow_right_alt International students
  • Admissions

    • arrow_right_alt How to apply
    • arrow_right_alt Entry pathways
    • arrow_right_alt Eligibility
arrow_right_altVisit our hub for students

For you

  • Libraryarrow_right_alt
  • Staffarrow_right_alt
  • Alumniarrow_right_alt
  • Current studentsarrow_right_alt

POPULAR LINKS

  • Apply for a coursearrow_right_alt
  • Current studentsarrow_right_alt
  • Scholarshipsarrow_right_alt
  • Featured industries

    • arrow_right_alt Agriculture and food
    • arrow_right_alt Defence and space
    • arrow_right_alt Energy and transport
    • arrow_right_alt Government and policy
    • arrow_right_alt Health and medical
    • arrow_right_alt Corporate training
  • Explore

    • arrow_right_alt Tech Central
    • arrow_right_alt Case studies
    • arrow_right_alt Research
arrow_right_altVisit our hub for industry

For you

  • Libraryarrow_right_alt
  • Staffarrow_right_alt
  • Alumniarrow_right_alt
  • Current studentsarrow_right_alt

POPULAR LINKS

  • Find a UTS expertarrow_right_alt
  • Partner with usarrow_right_alt
  • Explore

    • arrow_right_alt Explore our research
    • arrow_right_alt Research centres and institutes
    • arrow_right_alt Graduate research
    • arrow_right_alt Research partnerships
arrow_right_altVisit our hub for research

For you

  • Libraryarrow_right_alt
  • Staffarrow_right_alt
  • Alumniarrow_right_alt
  • Current studentsarrow_right_alt

POPULAR LINKS

  • Find a UTS expertarrow_right_alt
  • Research centres and institutesarrow_right_alt
  • University of Technology Sydney home
Explore the University of Technology Sydney
Category Filters:
University of Technology Sydney home University of Technology Sydney home
  1. home
  2. arrow_forward_ios ... Newsroom
  3. arrow_forward_ios ... 2024
  4. arrow_forward_ios 06
  5. arrow_forward_ios New report shows legal system is failing migrant workers

New report shows legal system is failing migrant workers

20 June 2024

A new report highlights the need for urgent reform of court processes to ensure migrant workers can recover wages they're owed.

migrant workers picking strawberries

Image: Adobe Stock by F Armstrong Photo

Widespread underpayment of migrant workers (and local workers) is now well-documented – and a new report shows how hard it is to recover those wages at court. All Work, No Pay urges the Federal government to take urgent action to ensure the most vulnerable workers in our community can get redress.

University of Technology Sydney (UTS) Associate Professor Laurie Berg, Co-Executive Director of Migrant Justice Institute, says the court processes must be reformed to deliver migrant workers the wages they’re owed. 

"It is currently almost impossible for many migrant workers to make and pursue wage claims without legal support,” she says.

The “small claims” court process was intended to be simple and accessible. The report finds that, in reality, it is virtually impossible for many workers to file and pursue a small claim without legal support. And affordable legal support is extremely limited.

While hundreds of thousands or potentially millions are underpaid every year, in 2022-23 only 137 people went to court. Findings from MJI’s survey also bear this out: of 4000 migrant workers, over half were underpaid. Most knew this, but 9 in 10 did nothing. One went to court – but recovered none of their wages.

The report was authored by Associate Professor Berg, UNSW Sydney Associate Professor Bassina Farbenblum, Co-Executive Director of Migrant Justice Institute, and Migrant Justice Institute researchers Fiona Yeh and Catherine Hemingway.

The report sets out a blueprint for reform, endorsed by 24 legal service providers and community and anti-trafficking organisations across Australia. These reforms include:

  • More accessible, simpler court processes
  • A new pathway for wage claims at the Fair Work Commission, and potentially establishment of a new Fair Work Court
  • More funding for legal assistance
  • A new government guarantee scheme so workers get paid where the employer disappears, liquidates or refuses to pay

Associate Professor Farbenblum says for most migrant workers in Australia, the risks and costs of making a wage claim outweigh the slight prospect of success. 

"Existing legal processes are complex and inaccessible. This incentivises employers to underpay their workers, assuming that workers will never hold them to account,” she says.

Imogen Tatam, Senior Lawyer (Law Reform), Circle Green Community Legal, said that in her work she sees time and again how migrant workers struggle with the small claims process, or choose not to make claims at all.

"These are the clients that silently suffer underpayments and maltreatment when they are already facing the challenge of trying to build a life in a new and unfamiliar country,” she says.

“Legal proceedings are daunting, difficult, and costly for everyone. For a migrant worker who is unfamiliar with Australian laws, the English language, and may be facing significant disadvantage in other aspects of their life, legal proceedings are near impossible.

"Despite evidence that migrant worker exploitation and underpayment is rife, this important Report by the Migrant Justice Institute clearly shows how the legal system is failing migrant workers, and outlines what the Federal government needs to do. The legal system should not, and cannot, be another enabler of migrant worker exploitation, where it should be preventing and rectifying the issue."

Share
Share this on Facebook Share this on Twitter Share this on LinkedIn
Back to Business and law

Related News

  • Commercial kitchen with chefs working. Adobe Stock
    The legal system is failing underpaid migrant workers
  • Stock picture of a group of people crossing a street in central sydney
    Migration has been in the news a lot. What’s going on?
  • Workers prepare food in a restaurant kitchen
    New protections herald hope for migrant worker exploitation

Acknowledgement of Country

UTS acknowledges the Gadigal People of the Eora Nation and the Boorooberongal People of the Dharug Nation upon whose ancestral lands our campuses now stand. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands. 

University of Technology Sydney

City Campus

15 Broadway, Ultimo, NSW 2007

Get in touch with UTS

Follow us

  • Instagram
  • LinkedIn
  • YouTube
  • Facebook

A member of

  • Australian Technology Network
Use arrow keys to navigate within each column of links. Press Tab to move between columns.

Study

  • Find a course
  • Undergraduate
  • Postgraduate
  • How to apply
  • Scholarships and prizes
  • International students
  • Campus maps
  • Accommodation

Engage

  • Find an expert
  • Industry
  • News
  • Events
  • Experience UTS
  • Research
  • Stories
  • Alumni

About

  • Who we are
  • Faculties
  • Learning and teaching
  • Sustainability
  • Initiatives
  • Equity, diversity and inclusion
  • Campus and locations
  • Awards and rankings
  • UTS governance

Staff and students

  • Current students
  • Help and support
  • Library
  • Policies
  • StaffConnect
  • Working at UTS
  • UTS Handbook
  • Contact us
  • Copyright © 2025
  • ABN: 77 257 686 961
  • CRICOS provider number: 00099F
  • TEQSA provider number: PRV12060
  • TEQSA category: Australian University
  • Privacy
  • Copyright
  • Disclaimer
  • Accessibility