Will the Fair Work Act Bring Improvements for Migrant Women Workers?

This non-refereed article is adapted from the paper presented on 21 August 2009 by Ms Angela Zhang, to the symposium, The Fair Work Act: Promises, Potential, Protections and Pitfalls. This symposium was designed to bring academic analysis together with voices representing low-paid workers. The community organisation Asian Women at Work, based in western and south western Sydney, believes that legislative reform will bring greater fairness at work only if it is accompanied by a concerted multilingual campaign to educate women of their legal rights at work, and their sources of redress. Employer education, union right of workplace entry, and an effective inspection regime are also crucial. The legislated minimum conditions in the National Employment Standards are seen as being set too low to offer real protection. Even if low-paid workers could access the new collective bargaining stream, the Individual Flexibility Arrangements that are mandatory in every collective agreement are likely simply to continue employers' power to dictate working arrangements. Whilst the Act improves the regulation of unfair dismissal, many migrant women will remain unprotected, because of small business exemptions. Nevertheless, in coming together to lobby and campaign, the women have found a source of strength and power.