Second, there is an acute problem of exploitation of international student workers. A Fairfax Media investigation exposes one form of exploitation – abuse by the colleges in which they are enrolled. The problem, however, also affects those who are bona fide students, including those enrolled at universities. A 2005 study based on 200 interviews with international students studying at universities concluded that 58 per cent of interviewees were paid less than the minimum wage, earning between $7 and $15 an hour. According to a recent survey of more than 200 international students by the union United Voice, 60 per cent earned less than the national minimum wage ($16.37 an hour), and a quarter of those surveyed received $10 or less an hour. Third, the exploitation of international student workers stems from their vulnerability combined with poorly regulated employer practices. It is clear that international students are vulnerable as workers because of their personal attributes: their relative youth; a lack of understanding of their workplace rights; and inadequate English-language skills. They canalso be vulnerable when they rely on their employers to sponsor a 457 visa or permanent residence application. Australian law leaves them vulnerable too. The financial pressure faced by these workers can be compounded by the lack of access to student allowances (Austudy payments), and the requirement to pay (substantial) international student fees. Importantly, immigration rules can increase their vulnerability: a visa limitation of 40 hours a fortnight of paid work during study times, may allow some employers to leverage exploitative working conditions.

But the vulnerability of international student workers does not fully account for their exploitation. Exploitation occurs only when employers take advantage of their vulnerability. Here, the concentration of international student workers in hazardous industries known for non-compliance with workplace rights (such as cleaning, hospitality, horticulture) comes to the fore. So does the engagement of these workers in situations that give rise to difficulties of enforcement (labour-hire and contracting arrangements). These aspects of international student work reveal that the problem of exploitation is not merely – or even largely – one of unscrupulous or rogue employers. In some parts of the Australian labour market, it is the norm to exploit workers – including international student workers. Addressing this exploitation will require various strategies, including: * Properly informing international students of their workplace rights. International students have contact with the Immigration Department and their education provider. Both should be required to provide adequate information on their workplace rights. A breach of a visa means that there is not a contract of employment … This is a perverse position which not only rewards employers who exploit migrant workers and punishes the workers but also undermines the integrity of the labour law system.

* Ensuring that immigration laws do not contribute to the vulnerability of international student workers Breaching the 40-hour visa restriction on working can result in the cancellation of a visa or even deportation. These draconian penalties not only exacerbate the vulnerability of some international student workers but they are also grossly disproportionate. A system of fines would be fairer. * Providing that workplace rights that should be enforceable even when there are visa breaches Several cases have ruled that a breach of visa means that workplace rights are not enforceable because there is no contract of employment between the employer and migrant worker. This is a perverse position which not only rewards employers who exploit migrant workers and punishes the workers but also undermines the integrity of the labour law system. The Fair Work Act should be amended to explicitly state that its standards apply even when there are visa breaches. * Closing the compliance gap in "hazardous" industries.

Adequate resources should be provided to the Fair Work Ombudsman to undertake targeted campaigns in these industries. Unions and other community organisations should be helped so they can improve their capacity to organize international student workers. Employers should also take proper responsibility for making sure their contracting arrangements do not involve breaches of labour laws, for example, through regular compliance checks and spot audits of contractors (as has now been instituted by Australia Post). International students have enriched Australia in many ways – this should not come on the back of their exploitation. Joo-Cheong Tham​ is an associate professor at the Melbourne Law School.