The Migrant Workers Centre (MWC) welcomes the opportunity to contribute to the Standing Committee on Employment, Workplace Relations, Skills and Training’s Inquiry into the operation and adequacy of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FWA).
Click here to download the full submission
Australia’s employment law system is largely complaints-driven, with workers responsible for identifying and reporting breaches. Where the law is unclear, this burden falls most heavily on those least equipped to challenge non-compliance. This, in turn, undermines the function of the NES as a statutory safety net. Accordingly, we endorse the submission of the Australian Council of Trade Unions (ACTU) and support its recommendations in full. This submission complements the ACTU’s analysis by focusing on the adequacy and operation of the NES as a safety net for migrant workers.
Summary of recommendations
Recommendation 1.
Implement the recommendations of the ACTU’s submission in full.
Recommendation 2.
Amend the Fair Work Act 2009 (Cth) to introduce a new Statement of Terms and Working Conditions, requiring employers to provide clear, written, job-specific information in plain language at commencement of employment and periodically thereafter, supported by a government-issued template designed to improve accessibility and reduce regulatory burden.
