Greens MLC David Shoebridge in push to end exploitation of seasonal workers

Proposed changes to anti-slavery legislation would give a NSW commissioner power to investigate the exploitation of seasonal workers.

The NSW anti-slavery commissioner would be given power to investigate the exploitation of seasonal workers and to require production of documents by labour hire companies and other employers, under proposed changes to the state’s modern slavery legislation.

The commissioner could investigate whether there are reasonable grounds to suspect any practices involving seasonal workers constitute modern slavery, with penalties of up to two years’ imprisonment and more than $40,000 in fines.

The amendments, proposed by Greens MLC David Shoebridge, are currently being discussed with the government, and come after The Australian revealed many seasonal workers lose two thirds of their pay in excessive deductions, and that more than 1200 mainly Pacific Island workers have absconded from their “approved employers” in the past year.

“The conditions faced by some seasonal Pacific workers on a minority of Australian farms can be extremely exploitative so there is a compelling case to extend the anti-slavery commissioner’s power to the sector,” Mr Shoebridge said.

“If you’re creating an anti-slavery commissioner and you don’t have it look at the sector that is currently the most notorious for having slave-like conditions then what are we doing it for?”

In order to make those powers real, Mr Shoebridge said, the anti-slavery commissioner would also need the power to compel the production of documents in certain cases, including pay slips and documents relating to working and housing conditions.

The commissioner could also require any person to attend at a specified time and place “to answer questions about any matters in respect of which information is reasonably required”, the proposed amendment reads.

“It’s not just in the interest of the seasonal Pacific workforce that these powers are in place; it’s also in the interest of the agricultural sector and the overwhelming majority of ethical farmers who see the sector’s reputation tarnished,” Mr Shoebridge said.

The amendments do not impose supply chain reporting requirements on employers of seasonal workers but they do expressly extend special powers to the anti-slavery commissioner to investigate those employers.

“This isn’t about imposing a raft of administrative and reporting requirements on the sector; it’s about giving the anti-slavery commissioner, if you like, a protective jurisdiction over the sector.”

Calls for stronger legislation and enforcement have intensified after The Australian revealed that some seasonal workers earning $900 a week are left with only $300 after excessive deductions for accommodation, transport, airfares, visas and even water containers. Most of the employers engaging in such practices are labour hire companies. The NSW Modern Slavery Act was passed in 2018 but is yet to commence, with the government claiming it needs to be consistent with commonwealth legislation and not impose unnecessary red tape on business.

The act is due to be proclaimed on January 1 next year but last month the NSW government introduced the Modern Slavery Amendment Bill 2021 which substantially weakens the legislation.

The original act required companies with an annual turnover of more than $50m to report on the risk of slavery in their supply chains but this now applies only to those turning over more than $100m, and makes no provision for financial penalties. The bill also diminishes the powers of the anti-slavery commissioner, who would be limited to monitoring procurement in government agencies.

But there is still a lot of horse-trading to take place if parties like Labor and the Greens are to accept changes, and Premier Dominic Perrottet is understood to be more sympathetic to tough anti-slavery legislation than his predecessor. Mr Perrottet has been heavily lobbied in recent weeks by a multi-faith coalition.

“We are involved in good faith negotiations across the parliament on these reforms and we hope that the obvious need for more protections will be accepted by a solid majority,” Mr Shoebridge said.