THE HON TANYA PLIBERSEK MP
MINISTER FOR THE ENVIRONMENT AND WATER

 

SPEECH

 

UNIONS NSW - LAUNCH OF REPORT ON MIGRANT WOMEN EXPERIENCING SEXUAL HARASSMENT

 

Thursday 14 November 2024

 

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I would like to acknowledge the traditional owners on the land on which we meet, the Gadigal people of the Eora Nation.

I’d like to thank Unions NSW for inviting me here today to launch this report.

And acknowledge special guests, including Jodie Harrison, NSW Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault, and acknowledge the women here who contributed their stories to this important report.

It’s an honour to launch this report, a testament to the hard work of Unions NSW and the trust and frankness of participants.

But it is also a very sobering read.

The title says it all really: ‘Disrespected, silenced and discarded: Workplace Exploitation, sexual harassment and the experience of migrant women living in Australia on temporary visas.’

More than 3,000 survey responses were analysed to capture harassment prevalence across industries, and more than 80 women discussed their personal experiences.

And I thank you for discussing such difficult matters.

A few of the findings that really stood out to me;

The study found 51 percent of respondents had experienced workplace sexual harassment.

The highest rate was reported in the construction industry – where more than 4 in 5 – or a massive 82 percent reported experiencing workplace sexual harassment.

This was followed by more than 53 percent of survey participants experiencing sexual harassment in the horticulture industry, 51 percent in hospitality, 50 percent in retail and 42 percent in cleaning.

But then when it came to reporting sexual harassment, migrant women did not feel they could count on their employer’s support.

They faced being victimised again. If they reported abuse – they may lose work, their visa status, accommodation and shifts that they needed to pay for food and rent.

These factors hung over workers when they attempted to defend themselves.

Or reject inappropriate advances.

Or report a matter to police or their union.

When seeking help from co-workers, women were told “you’re just a backpacker” or silenced because their boss was well known in the local community or that to cause trouble for the boss would cause trouble for all of them.

We already know that we have a long way to go for women in Australian workplaces to feel safe.

Across Australia, two in every five women has experienced sexual harassment at work in the last five years. That’s four in 10. That’s 40 in every 100.

That’s completely unacceptable.

One of the first things the Albanese Labor government did when forming government was legislate the Respect at Work report.

This legislation is designed to protect all women – not just Australian citizens.

We’ve implemented all 55 recommendations of our Respect@Work: National Inquiry into Sexual Harassment in the Workplace (2020) Report. 

The Bill included a positive duty on employers to prevent workplace sexual harassment, sex discrimination and victimisation, with accompanying regulatory powers conferred on the Australian Human Rights Commission.

We must not leave migrant women behind, when it comes to workplace safety.

And I note that the Unions NSW report has some detailed recommendations as to how to create a better path to justice for migrant women.

One of the factors preventing migrant women from coming forward are fears of repercussions with their visas, or time running out on their visa.

This year the Albanese Labor government officially launched a two-year pilot of innovative visa reforms that could bring these workers out of the shadows.

A new short-term workplace justice visa will allow migrant workers to stay and work in Australia for six months while they pursue a labour claim – including claim of sexual harassment.

And example of this might include an exploited backpacker who is about to leave Australia but didn’t want to report sexual harassment during their fruit-picking job. This visa will allow the backpacker to stay for an additional six months to hold their employer to account.

There will also be new visa protections for migrants who want to take action against their employers but might otherwise have stayed silent because they had breached their visa conditions.

Importantly, there is no application charge and visa holders will have the right to work in Australia while they pursue any claims.

A few other Albanese Labor government initiatives I want to highlight.

We are supporting migrant and refugee women who experience violence by expanding family violence provisions within the Migration Regulations 1994.

We are supporting visa holders experiencing domestic and family violence.

The Government is also establishing a Forced Marriage Specialist Support Program.

We have invested in domestic and family violence support for refugee and migrant women as part of the Settlement Engagement and Transition Support (SETS) program and funding a specialised visa support service in the Department of Home Affairs to assist temporary visa holders who experience violence to regularise their visa status.

And we are supporting Community Hubs to continue delivering conversational English classes to support migrant and refugees.

And during my time as Minister for Women, I announced changes to Australia’s anti-people trafficking strategy to improve support for victims in the sex industry.

I am so proud of new generation of activists and unionists that have brought these abuses to light and continues the fight to end sexual violence and sexual harassment in the workplace.

I’m particularly sad, as the child of migrants, that some people coming to this country have such awful experiences when they get here.  

I’m sure they come here full of hope – for a better life, for an adventure, to experience another country, to make new friends, to work.

And instead, they face harassment, assault and feel as if there is nowhere to turn.

We are working to make things better.

Everyone deserves to be safe at work – especially Australia’s most vulnerable workers.

 

ENDS