Uncovering Australia’s Hidden Crisis: The Alarming Exploitation of Migrant Workers
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Khoa Nguyen is a critical care nurse at a major Melbourne hospital, helping save lives on the medical frontline.
But his path to this role was anything but easy.
The 31-year-old, who arrived from Vietnam in 2012, took a labouring job on a farm in South Australia during a gap year to fund his studies.
It was during this time that Nguyen says he was abandoned, along with several other workers, on the remote farm — without pay, food, or support.
The group were left stranded in the trailer they had been sharing, after their contractor allegedly vanished, leaving them with only a portion of their promised wages.
“We found ourselves trapped, living in a trailer without food or money. We stayed in that trailer for an additional two-and-a-half months,” Khoa Nguyen recounted to SBS News.
Today, Khoa Nguyen serves as a critical care nurse at a prominent hospital in Melbourne.
“We drank a lot of water just to satisfy our empty stomachs. We had no contacts and were clueless about where to find help,” he shared.
Despite these hardships, Nguyen managed to fund his nursing education and embark on a career in critical care. However, advocates warn that many individuals remain at risk.
Associate professor Bassina Farbenblum, a migrant worker rights expert from the University of New South Wales, says Nguyen’s case is not an isolated one.
“We have a pervasive problem with workplace exploitation of international students and people working on temporary visas in Australia,” she told SBS News.
Farbenblum — who is also the founding co-executive director of the Migrant Justice Institute, a not-for-profit dedicated to protecting migrant workers’ rights — says Australia’s systems still fail to give workers the confidence or protections needed to report abuse.
The institute’s surveys have previously found that, fearing repercussions like visa cancellation, very few exploited students report underpayment.
“Even those who know they are not being paid properly or not being treated as they should under Australian law do not have the level of support they need to do something about it,” she says.
A Melbourne Law School report released in July found underpayment remains widespread, with 33 per cent of 2,814 young workers surveyed likely earning $15 an hour or less — well below the current federal minimum wage of $24.95 per hour.
Forty-three per cent reported being required to complete extra work outside their usual duties without pay.
The report concluded that young workers are particularly susceptible to workplace exploitation due to limited knowledge of entitlements, insecure work arrangements, low union membership and limited leverage to negotiate working conditions.
From January this year, intentionally underpaying wages or entitlements — including for international students — became a criminal offence, carrying penalties of up to 10 years in prison and fines of $1.565 million for individuals and $7.825 million for companies.
“There are also new offences in the Migration Act that prevent employers [from] using a person’s migration status to coerce them into accepting certain conditions, such as living arrangements,” Farbenblum says.
“So now, making a threat and using someone’s visa status in any way to get them to accept any kind of working conditions is a criminal offence.”
The reality behind the job offer
After starting work at the farm, Nguyen was shocked to discover that money had been deducted from his salary to cover upfront costs, including housing.
The contractor told him that, because they had provided equipment, safety gear, and accommodation, those costs were deducted from his first month’s pay.
But Nguyen says he struggled to believe the charges were legitimate.
“I did not know where to seek help, so I just agreed with that,” he says.
Farbenblum says workers should not have to pay for safety equipment or uniforms.
She encourages workers to check the Fair Work Ombudsman’s website to learn what they should be paid, keep records of payments, ensure they receive payslips, and note their employer’s business name and details in case action is needed later.
The federal government launched a pilot program of new visa protections in July last year. Under the Workplace Justice Visa program, visa holders can extend their stay to pursue workplace exploitation claims.
Even so, Farbenblum says few people have accessed the program or pursued accountability.
“The government has introduced terrific new initiatives like the workplace justice visa, protections against visa cancellations and criminal offences for employers who coerce and exploit workers, but those laws are still not being accessed and enforced as they should be,” she says.
‘I was scared of disappointing my parents’
According to Nguyen, the contractor said a portion of the group’s wages was being held in case they broke equipment or damaged their accommodation, but they would be paid in full when the season ended.
Nguyen says when the season finished and the workers asked for the rest of the money, he initially believed assurances that he would eventually receive the wages he was owed.
But after repeatedly being told the money would be paid “in the next two days”, the contractor disappeared, he says.
Khoa Nguyen (second from left) with his family on a recent trip to Vietnam. He juggled multiple jobs to cover the $36,000 annual fees for his postgraduate nursing degree. Source: Supplied / Khoa Nguyen
Feeling defeated, Nguyen considered giving up — but with the help of a friend, he managed to flee the farm and return to Melbourne.
Determined to finish his two-year master’s degree in nursing at Monash University, he worked multiple jobs to cover the $36,000 annual fees.
“Some days, I was so exhausted I fell asleep on the train. Some days I had to study on the train because I was doing a daytime [nursing] placement and at night I worked at dishwashing or catering jobs,” he says.
“My parents kept borrowing money from everywhere [to help pay the fees], but it wasn’t enough. I was scared of disappointing my parents because they sacrificed their lives, working tirelessly to get me and my siblings where we are today.”
Despite the hardships, Nguyen persisted in pursuing his long-held dream of a medical career.
But the relentless schedule meant he was surviving on one meal a day and averaging only three hours of sleep.
The strain eventually caused him to collapse in class. When lecturers checked his blood sugar, it was very low and they rushed to stabilise it.
Lecturers then connected Nguyen with support services, and he was eventually able to access funding for accommodation and food — support he says he never expected as an international student.
Summer holiday exploitation concerns
Phil Honeywood, CEO of the International Education Association of Australia, expects more reports of exploitation as thousands of international students take up three-month holiday work over summer.
“Exploitation is endemic across a range of industries, from agriculture to hospitality, car washing and retail,” Honeywood told SBS News.
“And while Australia has put in place regulatory frameworks and appeal mechanisms to world-class standards, there will always be unscrupulous employers who will take advantage of young people’s naivety.”
He advised students to protect themselves.
International Education Association of Australia CEO Phil Honeywood said international students should seek independent advice before signing any work contracts. Credit: IEAA
“Get independent advice before signing any contracts, ideally from education providers, employment or legal services,” he says.
“Record keeping is crucial, so even if you do not get a physical document, you can use your mobile phone to take screenshots of the contract you are signing.
“If that first wage does not hit the bank account within the agreed time period, be that one week or a maximum of a fortnight, then clearly questions have to be asked.”
Nguyen knows these risks firsthand.
Speaking only three words of English when he arrived, he faced multiple challenges while pursuing his studies.
Khoa Nguyen is married to his childhood sweetheart and has a young daughter, Kayla. He is now paying for his sister’s medical degree in Vietnam. Source: Supplied / Khoa Nguyen
Despite working long hours to fund his education, he recently completed a second master’s degree in advanced nursing and now works full-time at the Victorian Heart Hospital.
“It is like a dream come true. And thanks to those hard times, I feel more mature,” he said.
“Even in an emergency situation at work, I do not feel scared or nervous. I know how to pull through it.”
His advice to other international students working to pay their way is simple: “Know your rights and don’t be afraid to ask for help if you feel exploited.”
