Proceedings at the Federal Court of Australia began last Thursday, with the United Workers Union representing the former employees at Perfection Fresh.

The women who are the complainants of the lawsuit were contract workers, hired externally by a labour hire company. They were employed at the Perfection Fresh Two Wells Glasshouse, located outside of North Adelaide in South Australia, where the alleged sexual harassment occurred.

Two former employees at Perfection Fresh have been accused of perpetrating the harassment, and Perfection Fresh has confirmed with Women’s Agenda the employees no longer work at the company as a result of the accusations.

Industrial and Employment lawyer April Zahra said while this is a major case happening in Australia, it is “nothing new” in terms of sexual harassment in Australian workplaces.

“There is no place for sexual harassment in the workplace ever,” Zahra said. 

“These women are working with their union and courageously coming forward to hold a powerful organisation accountable, and to make workplaces safer for all women, especially farm and seasonal workers.

“Unfortunately, the information this lawsuit is bringing to light is not new. Sexual harassment is not only prevalent against farm and seasonal workers, but is common in all Australian workplaces.”

A spokesperson from Perfection Fresh told Women’s Agenda said the company is responding to the allegations accordingly.

“Perfection Fresh takes any allegation of sexual harassment extremely seriously. It has workplace policies and procedures on appropriate conduct, as well as processes for raising complaints and the protection of complainants,” the spokesperson said.

“Perfection Fresh treated the complaints made against two employees very seriously when they were raised and responded accordingly.”

The spokesperson said the company has terminated the employment of the accused employees in both cases of alleged sexual harassment.

“Perfection Fresh acknowledges the very serious nature of the complaints and the impact of the alleged conduct on the women involved,” the spokesperson said. “We remain committed to providing a safe workplace for all workers.”

“As the allegations are currently the subject of proceedings before the Federal Court, Perfection Fresh cannot make any further comments about these matters at this time.”

Workplace sexual harassment

The Australian Bureau of Statistics’ Personal Safety Survey 2021-2022 highlights just how common workplace sexual harassment and sexual assault is.

The research found 1.7 million Australian adults (8.7 per cent) experienced sexual harassment in 2021-2022. One in three people in Australian workplaces were being sexually harassed, a range that has remained unchanged in the last six years.

Zahra from Slater and Gordon said there is more progress to be made in tackling the issue of workplace sexual harassment.

“Many people think that due to growing awareness, incidences of sexual harassment are diminishing. However, in the legal field we can see this is not the case,” Zahra said.

“In my work, myself and my colleagues, continue to see serious sexual harassment claims, with no sign of them slowing down.”

Sexual harassment disproportionately affects women from migrant and refugee backgrounds. Last year, a report from Australia’s National Research Organisation for Women’s Safety (ANROWS) found almost 50 per cent of migrant and refugee women have experienced sexual harassment.

The report also found women who were working in temporary or casual roles were more likely to experience workplace sexual harassment and that many believed their race or religion were motivating factors for the harassment.

A lot of the horticultural industry is made up of temporary migrant workers, and Zahra from Slater and Gordon said the case against Perfection Fresh is unfortunately not the first of its kind.

“The migrant status of the workers on these farms means that these women are particularly vulnerable to sexual harassment and other forms of exploitation,” Zahra said.

“It is no exaggeration to say that organisations need to do more to keep their workers safe. These twelve women, through their union, have been able to speak up for vulnerable workers everywhere and we stand behind them.”

In December last year, the Australian Human Rights Commission (AHRC) announced new regulatory measures to enforce positive duty in preventing unlawful conduct in the workplace. 

The measures require employers and persons conducting a business or undertaking to “take reasonable and proportionate measures to eliminate, as far as possible, unlawful conduct”. Crucially, the changes enforce active measures to prevent sexual harassment, discrimination and other unlawful conduct, as opposed to responding to or managing unlawful conduct after the fact.

However, when the positive duty changes came into effect, advocates, including human rights lawyer Prabha Nandagopal, were concerned the changes would not reach the intersections of women in Australia; that is, the changes would not help women of colour, migrants and refugees, First Nations women and more.

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The study, released this week by Australia’s National Research Organisation for Women’s Safety (ANROWS), surveyed more than 700 women and is the first national study to examine migrant and refugee women’s experiences and responses to sexual harassment.

It found that women who were working in temporary or casual roles were more likely to experience workplace sexual harassment and that many believed their race or religion were motivating factors for the harassment. 

Almost 40 per cent of respondents said that they didn’t tell anyone about the sexual harassment, fearing retribution. A third of victims said they were threatened or warned not to report the crimes.

Padma Raman PSM, CEO of ANROWS, believes the study highlights the “compounding forms of discrimination” faced by migrant and refugee women in the country, and that these forms “cannot be separated.” 

“The reality is that for many migrant and refugee women who experience sexual harassment, it is not only sexist, but racist,” Raman said.

“We must consider how all women experience sexual harassment in the workplace, recognising that race, gender identity, religion, sexual orientation and ability, as well as sex, all intersect.”

Raman wants to see a more concerted effort to address the experiences of all women who experience sexual harassment in the workplace.

“[We need to] recognise that migrant and refugee women have unique experiences that require unique solutions,” she said. 

Other leading experts believe that a diversification of strategies is needed to address the issue. The study’s lead researcher Professor Marie Segrave from the Monash Gender and Family Violence Prevention Centre stressed the importance of asking migrant and refugee women about their experiences in specific ways.

“The findings reinforce the importance of paying careful attention to the conditions of work, including employment security and recognising that across Australia, women are managing unsafe work conditions that will not be improved with a one-size-fits all response,” Prof Segrave said. 

Human rights lawyer and refugee, Nyadol Nyuon OAM, says the study proves sexual harassment is often marked by both gendered and racial elements.

“The results… demonstrate exactly why it’s so important to directly involve migrant and refugee women when looking to address unacceptable workplace behaviour,” Nyuon said. 

“While we were able to engage a cohort of women that have previously been left out of sexual harassment research, we need to make sure that this area continues to receive funding and attention.”

Nyuon was born in a refugee camp in Ethiopia, and arrived in Australia at 18 to study at Victoria University before undertaking a law degree at Melbourne University. In 2021, she delivered an address at the National Press Club on the importance of embracing intersectionality and multiculturalism in Australia.

“Refugee and migrant women in more precarious forms of employment need a specific focus – only with continuous and rigorous research can we make sure that diverse women’s experiences are heard, understood, and addressed,” she said of the latest research from ANROWS. 

With the government’s release of the Action Plans under the National Plan to End Violence against Women and Children 2022-2032, Minister for Social Services, Amanda Rishworth said that all governments are committed to ending violence against women and children within the next generation.

“The plans recognise that violence against women and children intersects with other forms of disadvantage and discrimination, and women and children from culturally diverse, migrant and refugee backgrounds can also face specific barriers in seeking help and reporting harassment,” Minister Rishworth said.

“We are building the evidence base for migrant and refugee women so we can use it to improve action to prevent and address sexual violence and harassment across different settings, and to improve community attitudes.”

Read the full ANROWS report here. 

Stop the cycle of violence. If you are concerned about your behaviour, or about someone using violence, call Men’s Referral Service on 1300 766 491.  

If you or someone you know is in need of help due to sexual assault or family and domestic violence contact 1800RESPECT on 1800 737 732

In an emergency call 000. Lifeline (13 11 14) and, for Aboriginal and Torres Strait Islander people, 13YARN (13 92 76)

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In these past few weeks, I’ve reflected on my journey to Australia and my career path as a migrant woman.

I was 18 when my family and I moved to Australia from the former Soviet Union. We spoke very little English and we didn’t have money. Like many migrants, we faced many challenges during our first years, including language barriers and stereotypes (a “Russian mail-order bride” was cited a lot). I was bullied at my first casual job because of my heavy accent and limited English.

Yet, like many migrants, I persevered. I worked hard and built my career and am proud of my journey.

However, I’ve noticed how many migrant professional women don’t share their success stories. They often feel that talking about their achievements is unnecessary and may come across as boasting. It’s almost as if they are ashamed of their success and contribution to Australia, and don’t want to draw attention to themselves.

If you are a migrant woman – I encourage you to share your own journey and career story to your communities and social groups, to inspire and help others who might be in the very beginning of their own migrant journey in Australia and looking for support and reassurance. It is vitally important.

Demonstrating what we can do as migrant women, we can do so much to help new migrants.

We can create informal learning communities and groups to connect migrant women with experience in a particular industry. Such learning networks are easy to start in the community of women from the same former country. These communities can share not only job vacancies and the latest industry updates but also help each other with preparing resumes, polishing interview skills, career pathways, and social eminence tips. These communities, virtual or face-to-face, are equally valuable.

As a member of my local community of women in IT, I’ve seen the benefits of such groups firsthand. Our community is made up of women from diverse cultural backgrounds from my former country. We have members who are just starting out in IT, re-skilling in a different field of IT, trying to secure their first job as new migrants, as well as seasoned professionals. Within the group, we discuss various career paths and specifics of roles such as testing, data science, technical sales, consulting, full stack development, and more, as well as technical topics.

Through these discussions, we also share tips on how to navigate the Australian job market as migrant women. We provide support and reassurance to those who are struggling and celebrate the achievements of those who have succeeded.

I strongly encourage all migrant women to seek out or create such communities within their respective fields. These communities can provide a sense of belonging, which can be especially important for those who may feel isolated or unsupported in their new home country.

The first few years are typically very tough for migrants: learning a new language, adjusting to a new climate, understanding the culture, and finding the first job in Australia. And often, the latter is the hardest, because migrants don’t have local work experience, and this is especially difficult for migrant women.

While many organisations promote gender diversity and inclusion, I feel we are missing out on talent by not bringing recent migrant women into organisations.

The statistics published by the Australian Bureau of Statistics show that around 60 per cent of recent migrants are female, but they are less likely to be considered for employment compared to male counterparts. They are also less likely to be employed than Australian-born women.

The national strategy plan to achieve gender diversity by 2025 recognizes that lack of work experience, the unfamiliarity of qualifications and achievements, and English as a second language are key factors that prevent migrant women from being considered for employment. Consequently, many migrant women work in low-paid jobs despite being highly skilled.

If you are a recruiter or hiring manager and you come across a recent migrant woman who meets all the job requirements except for local experience, I encourage you to take a chance and listen to their story. Consider the skills, accomplishments from their previous country of residence, ambition, and drive to integrate into the Australian workforce, rather than just focusing purely on language gaps and lack of local experience.

I’ve been calling Australia home for 30 years. I have kept my promise to make proud this country that took me and allowed me to become successful, and to give back to the community. I encourage successful migrants to celebrate their success and show how Australia can be the place for migrants to succeed.

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According to new research conducted by Australian employment services provider, MAX Solutions and not-for-profit, HOST International, 45 per cent of culturally and linguistically diverse (CALD) workers surveyed say they have between 5 and 20-years’ experience in their field of choice, suggesting their vital, well-established skills are not being strategically utilised. 

The report, Ready to work, which interviewed more than 400 job candidates who identify as CALD within MAX Solutions’ customer base, revealed that 68 per cent of them have waited more than a year to secure work, with more than three quarters admitting they expect to wait up to three years.

By comparison, 72 per cent of Australians from non-CALD backgrounds find work within six months of starting to seek employment.

The report identified a range of challenges CALD job seekers face, including language barriers, accessing information, advice and training to secure work, limited access to public transport and affordable housing, visa status impacting work options, and racial discrimination from employers. 

Three quarters of survey respondents said it was difficult to find the right information and support services to help them secure a job.

As a result, skilled migrants are often ineligible for a job in their field of expertise, forcing them to undertake casual and unstable employment instead.

In fact, 83 per cent of survey respondents who report working outside their chosen profession say they are working in unskilled, part-time or casual roles.

MAX Solutions representative, Darren Hooper believes Australia has approximately 350,000 skilled job vacancies across the country, many of which could potentially be filled by workers from culturally and linguistically diverse backgrounds.

“These are job-ready and experienced people who are in country today and are ready and willing to work,” he said in a statement. 

“These ‘lost skills’ of Australia’s migrant workforce represent a huge opportunity for our economy and society, if we can work together to improve recognition of overseas qualifications to Australian employers and accreditation bodies, and support culturally and linguistically diverse job candidates into jobs in their field.”

Currently, more than 7.6 million migrants from culturally and linguistically diverse backgrounds are living in Australia, with up to a third of the current population born overseas. 

HOST International’s CEO, David Keegan, notes that Australia welcomes up to 190,000 migrants each year.

“There are more than 7.6 million migrants in our nation today, and migration is expected to contribute up to $1.6 trillion to Australia’s GDP by 2050,” he said. “Frankly, we cannot afford to ignore this issue.”

“There’s also a real human cost here – short-term, casual employment often leads to inconsistent income and uncertainty for migrants and their families. Just getting a job isn’t enough – it should be secure, gainful, and in that person’s field of choice and expertise.”

“We must do more to ensure that migrants can translate their skills into long-term, secure work in Australia to create stability for themselves and their families.”

For CALD women, the pursuit of employment is even more difficult. According to the latest ABS study of women’s workforce participation, CALD women have a significantly lower rate of workforce participation compared to CALD men — 47.3 per cent compared with 69.5 per cent.

“Women from CALD backgrounds also experience limited opportunities to gain driving licences, encounter traditional cultural expectations of women as domestic caregivers, and child care and community care responsibilities that inhibit employment opportunities,” one report explained.

MAX Solutions’ latest Ready to work report makes a number of recommendations for government, employment services providers and employers, including increasing work experience programs and paid internships to CALD people, working with industry and accreditation authorities to address misunderstandings about overseas qualifications, and reducing the costs associated with local recognition of specific qualifications.

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In a speech at the National Press Club on Wednesday, Nyuon gave a first-hand account of her lived experience in Australia, having arrived here as a young adult after growing up in refugee camps in Kenya. She spoke about the brutal racism and discrimination she and her family have faced, and said it is possible for us to reimagine multiculturalism in this country.

Nyuon’s speech on Wednesday coincided with the launch of a landmark national report by the Harmony Alliance and the Monash Migration and Inclusion Centre, of migrant and refugee women in Australia, the first large-scale study of its kind. The survey, which heard the experiences of 1400 migrant and refugee women, revealed that one-third had experienced family and domestic violence.

Of these women who had experienced domestic violence, 91 per cent experienced controlling behaviours, while 42 per cent experienced physical or sexual violence.

The survey also found that for migrant and refugee women who had experienced victimisation that was not domestic violence, 40 per cent reported that the crime was motivated by bias and/or prejudice. Just 30 per cent of those surveyed reported they trusted their neighbours “a great deal” or “a lot”.

Speaking at the National Press Club, Nyuon said: “It tells you some part of our story, our lived experiences here, how we move and feel and live in this country, that is now our country, too”.

Nyuon told the story of when Australia first felt like home to her, when she arrived in Melbourne in 2005.

“I had landed at Melbourne Tullamarine airport with an Australian passport in hand and I handed that passport to the immigration officer. She inspected it and turned to me, and said: ‘Welcome home’,” Nyuon said.

“Welcome home. These were the words that marked for me the end of a search for a physical home, but the beginning of a sense of an emerging identity.”

Nyuon said she had been racially attacked by a police officer online, an experience that left her unable to feel safe in this country.

“A serving police officer wrote to me on Facebook and called me an ‘ignorant c***’, who should ‘f*** off back to the war-torn shithole country I came from’. I know that sounds like a rap number, so I’m gonna let the rest of you decode it,” she said.

“After reading violent abuse directed at me online, I could no longer take my security for granted. Since then, I have never felt fully safe in that innocent way I felt when I first landed in Australia from Kakuma refugee camp.

“The truth is, I am afraid to even mention this incident, because many people expect that because of what Australia has given me, I should simply be grateful. Discussions about race, or racism, are seen as biting the hand that fed you.”

Despite this incident, and facing other merciless, racist, online trolling for speaking up, Nyuon said she thinks it’s possible for Australia to reimagine itself as a place where racism and misogyny is not tolerated.

“Multiculturalism is a grand and revolutionary concept. But I think its purpose is really simple. It is to live with each other without the fear of each other,” she explained.

“This means a country where we have a common bond and where racism is not tolerated, where women feel safe on the street and in parliament, where they feel safe in their homes, a country where a visa status is not a tool for coercive control.

“I know I sound a little bit aspirational, and maybe, as my reading suggests, there is little appetite or tradition in Australia for grand statements.

“But I stand here as a young refugee who once had big and impossible dreams, and who arrived here with no money, and who, with the generosity of this nation – when they were willing to – and a vision of multiculturalism created before she was born, made many of her impossible dreams seem real today.

“I want us to reimagine this country.”

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