By Unions NSW

This report on workplace exploitation and the experience of migrant women living in Australia on temporary visas identifies an unacceptable level of sexual harassment, exacerbated by visa status, and calls for immediate policy action. The report makes recommendations to create a safer and more equitable working environment for migrant women.

The study underscores the need to implement policy changes that target intersecting issues experienced by migrant women in Australia. Migrant women on temporary visas are forced to endure sexual harassment in silence due to numerous factors, including uncertainty regarding their immigration status, precarious work, and racial and gender workplace discrimination. The research also underscores the need to allocate more resources to developing services to provide advice, education, and training to empower migrant women to report sexual harassment.

Key findings

• 51% of respondents reported having experienced sexual harassment at work.

• Sexual harassment was commonly reported in the construction, hospitality, horticulture, retail, and cleaning industries.

• 82% of respondents who worked in the construction industry experienced sexual harassment.

• Participants experienced a range of repercussions when they tried to defend themselves, rejected the behaviour or reported the harasser’s conduct.

• 48% working in the construction and horticulture industries decided to leave their job because they felt unsafe.

• 50% of those who experienced workplace sexual harassment were concerned that reporting could result in losing their job, and 75% did not report the incident.

Recommendations

1. Migrant worker centres should be established in each state.

2. Culturally appropriate education and training should be developed in each state in collaboration with migrant worker groups.

3. Implement a legal framework and policies to protect migrant women.

4. Develop reporting pathways that reflect the needs of migrant women.

5. Introduce reforms to ensure migrant women have access to existing legal avenues to address sexual harassment.

6. Facilitate migrant women's access to employment opportunities.

7. Provide temporary migrant women with visa protections to ensure they can report sexual harassment without fear of visa cancellations or other negative impacts to their immigration status.

8. Remove the requirement for working holiday makers to undertake ‘specified work’ in regional areas.

9. Remove the working hours cap on student visas.

Sydney: Unions NSW, 2024. 56p.

By Marie Segrave, Shih Joo Tan, Rebecca Wickes, Chloe Keel, Nuria Alarcón Lopez

This report presents the findings of research on migrant and refugee women’s attitudes about, experiences of and responses to workplace sexual harassment, highlighting the complexity of what it means to be “safe” at work and illustrating the ways in which sexual harassment intersects with other forms of workplace harms, such as racial discrimination and exploitative work conditions.

Disempowerment and power imbalances, such as those related to race, gender, disability or sexuality, can amplify the impacts of workplace sexual harassment; despite this, little evidence exists to guide government and employers in preventing and addressing the specific harms of workplace sexual harassment for migrant and refugee women.

The first report from this project, released in 2023, surveyed 701 women who identified as migrant or refugee and found that 46 per cent of respondents had experienced workplace sexual harassment. This final report from the project brings together the survey data with the qualitative phase of the study. While the findings from this report are not generalisable, they offer important insights into migrant and refugee women’s experiences of safety in the workplace.

Key practice and policy recommendations

Reduce siloing of different policy areas that seek to address various forms of workplace harm for migrant and refugee women

Evaluate, redevelop and better align the existing reporting mechanisms that respond to aspects of unsafe or exploitative work practices

Invest in safe work services external to employers that can ensure culturally responsive approaches for working women in every state and territory.

Emphasise proactive and transparent action in response to workplace sexual harassment that ensures women can remain employed and their career progression unimpacted

Extend exit interviews and complaints timelines to capture longer periods following cessation of employment so that women have the opportunity to report once they feel safe in another job or have citizenship or permanent residency.

Australia's National Research Organisation for Women's SafetyANROWS, 2024.

By Marie Segrave, Rebecca Wickes, Chloe Keel and Shiih Joo (Siru) Tan

This research was developed to support and enhance the Australian Government’s A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces (2021). Aligning with national commitments to report on and respond to sexual harassment in the workplace, this research fills a recognised gap in addressing the specificity of migrant and refugee women’s experiences. These are not adequately captured in national data currently collected by the Australian Human Rights Commission (AHRC). By building a detailed national picture of the experiences of a diverse group of migrant and refugee women, this research will inform more targeted engagement with women and workplaces regarding unacceptable workplace behaviour.

The research employed a mixed methods approach comprising of two phases: a national survey and a national qualitative project talking to migrant and refugee women and stakeholders across Australia. This report details the findings from a survey of 701 migrant and refugee women.

NSW: Australia’s National Research Organisation for Women’s Safety Limited (ANROWS), 2023. 76p.