Taken to the cleaners Experiences of international students working in retail cleaning industry By Victorian TAFE International and United Voice VICTORIAN TAFE INTERNATIONAL INC Post Office Box 2195 Caulfield Junction, Victoria, 3161 Ph. 0401 072 372 Email: [email protected] www.vti.edu.au

UNITED VOICE VICTORIA Ground Floor, 117-131 Capel St North Melbourne, Victoria, 3051 Ph. 03 9235 7777 Fax: 03 9235 7770 Email: [email protected] www.unitedvoice.org.au/victoria Approved by Jess Walsh, Secretary, United Voice Victoria, November 2012 ContentsContents

Foreword 4 Executive summary 5 ABOUT INTERNATIONAL STUDENTS CLEANING SHOPPING CENTRES 5 EXTREME WORKLOADS A WAY OF LIFE 5 ‘IF YOUR SKIN IS NOT WHITE, YOU DON’T GET RESPECT’ 5 VISAS BEFORE RIGHTS 6 POVERTY PAY AND STOLEN WAGES 6 GUMTREE: THE UNDERBELLY OF RETAIL CLEANING EXPOSED 6 Introduction 7 ABOUT THE RESEARCH 7 A Hidden world of work : ExPERIENCES OF INTERNATIONAL STUDENTS 8 A MYRIAD OF NATIONS 8 INTERNATIONAL STUDENTS: A MYSTERY UNEXPLORED 8 THE BACKBONE OF CLEANING 9 Inside the retail cleaning industry 10 EXPLOITATION: THE HALLMARK OF AN INDUSTRY 10 WORKING HARDER FOR LESS 10 Inexperienced and ripe for exploitation: About surveyed cleaners 11 Extreme workloads 12 HEALTH AND SAFETY 12 Stolen wages 13 ‘They put pressure on everyone’ 13 LITTLE UNDERSTANDING OF RIGHTS AT WORK 13 Culture of abuse and racism 14 RUDE OR ABUSIVE SUPERVISORS 14 lack of RESPECT 15 RACISM AND DISCRIMINATION 15 ‘THEY DON’T LIKE THE UNION’ 15 Surviving on poverty wages 16 BUMPER PROFITS, POVERTY PAY 16 THE BURDEN OF BILLS 16 HEALTH FORGOTTEN 16 HOLIDAYS AN UNAFFORDABLE LUXURY 16 STOLEN WAGES AND WORKING FOR FREE 17 In THEIR OWN WORDS 18 Exposing the underbelly of retail cleaning 20 GUMTREE: WHERE employers find vulnerable WORKERS 20 A CONTRACT FOR EXPLOITATION 20 93% LIKELY TO BE UNDERPAYING CLEANERS 21 Conclusion: Welcome to Australia, but don’t ask for respect 22 Endnotes 24 Foreword

VICTORIAN TAFE INTERNATIONAL Victorian TAFE International (VTI) is an association of staff who work in TAFE Institutes and dual sector universities in international education in Victoria, Australia. Participation is open to any international education staff members including those in management, recruitment, business development, admissions, and quality and compliance in member public vocational education institutions. VTI exists to support and inform members, improve communication between members and other bodies, to increase awareness and understanding of international education generally. In keeping with its aim to improve connections with other bodies, VTI is very pleased to collaborate on this report with United Voice. We were very pleased to discover that United Voice had undertaken surveys of its members, which included international students and to have our Executive Officer, Dr Kate Dempsey, work with United Voice staff in publishing the outcomes of their research more broadly. VTI members are aware of anecdotal reports of work rights abuses suffered by international students and are very concerned to get the message out both to students themselves about their work rights and to government bodies and decision makers. VTI hopes this report will improve knowledge and understanding of the situations our international students find themselves in when they work as they study in Australia. VTI member institutes provide considerable information to students before they arrive in Australia. In their first few weeks in the country, they also provide information, accommodation, support and referral. The institutes also give advice on safety, medical help, emergency services and after-hours assistance. Considerable information is given to students at orientation, including students’ work rights and responsibilities. As this report shows, students are well aware of the requirements of their visa conditions. But this report also shows that exploitation can still occur in the workplace for vulnerable groups like international students. UNITED VOICE United Voice is one of Australia’s largest unions, organising to win better jobs, stronger communities, a fairer society and a sustainable future. United Voice’s collaboration with VTI on this report is part of a campaign for respect, fair pay and safe workloads for cleaners working in shopping centres across Victoria, and around Australia. We recognise that the cleaners discussed in this report are not just workers and members of their union, but students who are part of Australia’s important education sector. Issues affecting them in the 4 workplace impact upon the education sector, and that is why collaboration with the VTI is so important. Executive summary

Last year, almost 300,000 people came from around the world to begin their studies in Australia. Many ABOUT INTERNATIONAL STUDENTS find they must work to support themselves and the CLEANING SHOPPING CENTRES government recognises that, allowing them to work for 40 hours a fortnight during term time. The United Voice survey found that international students working in Victorian shopping centres were, There has been little research on the working on average, less experienced than their counterparts experiences of international students in Australia. This is permanently living in Australia. surprising given the plethora of media reports, evidence to inquiries and investigations pursued by the Fair Work They also worked shorter shifts and were much more Ombudsman (FWO) — so many of which have found that likely to be working on a part-time or casual basis. international students are frequently exploited. Nearly one quarter — 23 per cent — clean Westfield In the retail cleaning industry, many international shopping centres. Around half of them were born in students — around half of whom are born in India — are India. exploited because the industry is in crisis. Barriers to A surprisingly high proportion — more than one in five entry are low, so new contractors can win business from — were supporting children, while 42.4 per cent were large shopping centre owners like Westfield and Colonial married or in a de facto relationship. First State. The money they earn, therefore, is not just to support Having won a cleaning contract at a low price, these their studies but to support their growing families at a operators soon find the easiest route to profitability is to critical time in their lives. intensify the workloads of the cleaners they employ. This means demanding that cleaners do more work in EXTREME WORKLOADS A WAY OF less time, leading to extreme workloads that can impact upon the health and safety of their cleaners. Hygiene can LIFE also suffer, as cleaners are forced to take shortcuts. In recent years, cleaners working at shopping centres have seen their workloads rise to extreme levels. It can also mean cutting pay or conditions. Or International students have not been immune to the contractors can seek to deliberately underpay cleaners. trend, with 48.5 per cent saying they do not always have In some cases, they do all three. Sham contracting and time to do their jobs properly. ignoring workplace laws are also a significant problem. Some 37.1 per cent experienced stress caused by these In fact, an FWO investigation into the cleaning industry intense workloads. These results were lower than for in Victoria recently found that 44 per cent of audited their non-student colleagues, but this could be attributed employers were breaking workplace laws. to their typically shorter shifts, and are still clearly high. All these problems can be intensified because of the A significant number of international students reported many sub-contractors that can stand between the working for free on occasion, with 35.5 per cent saying ultimate client — the shopping centre owner — and the they worked additional hours without being paid for cleaner. With each looking to make a profit, less and less them. is left for the cleaners doing the work. Shopping centre owners like Westfield also contribute ‘IF YOUR SKIN IS NOT WHITE, YOU to the crisis by insisting on cutting back on the value of their contracts, forcing contractors to shift an even DON’T GET RESPECT’ greater burden on to cleaners. International students report positive aspects of working International students are left bearing the brunt of this in Australia, including forging friendships. crisis, with the majority struggling to pay even their But for a significant number, employment here was, at rent. A third also worked additional time without pay, times, a degrading experience. exacerbating an already difficult financial situation. Forty per cent suffered rude or abusive behavior by a Some are also asked to violate their visas, putting them supervisor. Tellingly, this was almost twice as high as at risk of deportation. reported by cleaners who are not international students. This report serves to highlight the need for shopping Four of the students interviewed said they were treated centre owners to support reform of the retail industry differently by managers or customers because of their and end a crisis that is putting the welfare of its workers colour, their nationality or their gender. at risk. Said ‘Dewan’: “If your skin is white you get the respect. If Shopping centre cleaners themselves have been your skin is not white, you don’t get the respect — simple campaigning for fundamental reform of their industry, and easy.” seeking an end to extreme workloads, low pay and a culture that fosters a lack of respect and, at times, A quarter of foreign students surveyed added that their discrimination. employers were hostile towards their membership of 5 a union, with many saying their managers had made it clear they did not want them to join or remain in a union. GUMTREE: THE UNDERBELLY OF RETAIL CLEANING EXPOSED VISAS BEFORE RIGHTS After a jobs ad for cleaners on the Gumtree website The international students interviewed were well aware — which demanded that “no Indians or Asians” should of their visa restrictions, which forbid them to work more apply — was the subject of media attention, an analysis than 40 hours a fortnight during term time. of job ads on the website was conducted over a month. But the interviews with international students revealed The website is a popular one for students looking for that many were far less aware of their workplace rights. work in Australia, and the analysis found many examples Given this ignorance of their rights, it is easy to see how of the crisis into which the retail cleaning industry has employers can work that to their advantage. fallen. In failing to effectively educate them about their Nearly half of the 40 retail cleaning advertisements on workplace rights, governments are breaching a clear the site over this period demanded or asked for an ABN duty of care. — the unique identifier allowing a worker to operate as a stand-alone business — or the job was advertised as Indeed, so are shopping centre owners like Westfield, for being on a “contract”. which nearly a quarter of the students worked. Cleaners working as independent contractors could POVERTY PAY AND STOLEN be engaged in sham contracting. Even if they are not, cleaners working as independent contractors need to WAGES factor in costs to compensate for lack of entitlements, Shopping centre cleaners are poorly paid. Many earn such as superannuation, penalty rates and holiday pay, to as little as $17.05 per hour, not much more than the find if they are being underpaid. minimum wage. In order to determine if cleaners were being underpaid, But since international students, on average, work less the pay rates advertised were compared to relevant hours than their colleagues they also earn, on average, Award rates for 15 of the advertisements: less. In fact, the international students surveyed earned • 93 per cent appeared to be underpaying cleaners, an average of just $325.86 per week after tax from their according to our estimates. cleaning work. • Of those, the estimated average underpayment Though most received some financial support or had was $9.88 per hour, or $139 per week. On average savings, all of them relied on the income from their these cleaners were likely to receive only two thirds cleaning job for all or most of their basic living costs. of what they were fairly owed. That puts international students working as cleaners • Individual estimated underpayments ranged from under significant financial stress, even more so than their around $2 per hour to just over $21 per hour and colleagues. from around $40 per week to over $250 per week. Just over two thirds of them are sometimes having • The estimated proportion of remuneration that trouble paying for groceries; 69.7 per cent report cleaners would have missed out on ranged from 10 struggling to pay bills and debts; 57.6 per cent per cent to 57 per cent. sometimes have trouble paying their rent; and 60.6 per cent have trouble paying for the transportation that gets Workers who do not understand their rights or feel they them to their jobs. are in no position to refuse the work on offer are the ones most likely to answer these advertisements. While More than half of those interviewed also said they have not every one will be international students, it is certainly been paid incorrectly at least once — some said they likely to include many of them. didn’t receive all of the pay they were owed. Introduction

International students have become one of the released a report based on the research, Cutting Corners: cornerstones of our economy, with foreign education Cleaners’ Struggle for Justice with Victorian Shopping one of our biggest exports and the key to survival Centres’ Contract Cleaning System. That report provides for many Australian educational institutions. In fact, an in-depth exploration of the crisis that impacts upon onshore international education generated $15.1 billion shopping centre cleaners. for the economy in 20111. Some 33 of the cleaners surveyed were international But international students are more than just a cash students, and it became apparent that some, although cow for Australia. While they are here, they join our not all, of the challenges they faced were unique. communities and contribute even further to our It was decided to more fully explore the experiences of economy by working in essential industries like retail international students in order to better understand the cleaning. frequently disturbing challenges they face. It is necessary to understand these students’ experiences Throughout this report, the data collected from the in order to safeguard the economic and social international students was compared to the results of contribution they make. Yet there has been little such the overall survey. research undertaken, which led VTI and United Voice to work together and analyse the data held by the union on In addition, 11 phone interviews were conducted in May the students who clean our shopping centres. and August 2012. These interviewees were all working in retail cleaning, mostly in shopping centres, and were This report reveals that a crisis in the retail contract either currently international students or had recently cleaning industry is affecting shopping centre cleaners, completed their studies. focussing on the experience of international students. It explores the impact extreme workloads and unpaid work In all, 41 international student cleaners were surveyed, caused by this crisis has on students. interviewed or both. While a modest sample size, we believe our analysis makes an important contribution to The report also highlights the need for shopping centre our understanding of international students given the owners to embrace reform of the contract cleaning dearth of research on the topic. industry, rather than to continue to squeeze their margins — a phenomenon which contributes to this crisis Already United Voice estimates that international in the first place. students make up around half of the cleaners working in our shopping centres. Compared to around a third of the It finds that this crisis means international students workforce just two years ago, that proportion is clearly working as cleaners are poorly paid and under significant growing. financial stress, while often dealing with abusive behaviour by management, anti-union hostility and a Many international students remain fearful of speaking culture of discrimination and racism. out, concerned about the potential impact on their jobs or their studies. Some are also struggling with errors to their pay, and with advertised retail cleaning work undertaken by But some were willing to cast a light on the industry in international students often likely to be underpaid. which they work, and we hope this research can be a first step in more fully understanding their experiences. ABOUT THE RESEARCH In the interviews featured in this report, pseudonyms United Voice Victoria surveyed retail cleaners have been used to protect the identity of the (predominantly working in Victoria’s shopping centres) international students quoted. between April and August 2011. Around 380 cleaners Advertisements on the Gumtree website were also completed the survey. collected and analysed. Forty retail cleaning jobs were Last year, Uniting Care Creative Ministries Network advertised in this period. All were posted in the jobs

7 A hidden world of work: Experiences of international students

section but included “contract” work, which may have The taskforce noted that this leaves the students open been a contract for services rather than employment. to exploitation, because they fear they will be reported to immigration authorities if they try to enforce their A MYRIAD OF NATIONS workplace rights.7 Last year, almost 300,00 international students came to In 2009, an Australian Senate Committee reviewed the Australia to study.2 A third are studying in universities, welfare of international students. a third in vocational educational training and about a 3 The Senate Committee Inquiry received 124 submissions, quarter are in specialist English-language courses. many on the safety and wellbeing of international The students arrive from a myriad of countries, but students in the workplace. Examples were cited of most come from China, India, Malaysia, South Korea and students having a poor understanding of their rights Vietnam.4 at work and exploitation occurring at work, including unpaid overtime, cash payment or under-Award In 2010, the government made changes to the visa payment.8 program covering international students, requiring that they be able to cover the costs of studying and living Despite an abundance of these stories, there remains here — along with proof they have access to $18,000. little systematic research into the experiences of international students in Australian workplaces. They are not required to find a job but, under strict conditions, are allowed to work for up to 40 hours a Professor Simon Marginson, of Melbourne University, fortnight during term time and as many hours as they recently wrote a book on international student security, like outside of term time. but it does not cover work issues in depth. Professor Chris Nyland, from Monash University, and other Just as with any worker in Australia, international colleagues covered the issue in 2005, but he has done students are legally protected by regulations governing no further work on the issue. pay and conditions. One of Professor Nyland’s PhD students, Danny Ong, was INTERNATIONAL STUDENTS: A recently forced to changed his thesis from international students and work issues, simply because he could find MYSTERY UNEXPLORED virtually no literature on the topic. While international students have the same legal rights The relevant databases, too, yield no peer-reviewed as anyone else working in Australia, stories abound of results on the subject of international students and work- exploitation and abuse by employers. related issues. A recent newspaper article about cleaners in is The aforementioned Monash University research just one example. The article revealed that international is the most significant study on the experiences of students were forced to pay secret commissions to keep international students at work, and included qualitative their jobs, with a Thai business student forced to pay the interviews with 200 international students at nine wages of someone to replace her when she was sick. universities. She told the newspaper: “Many cleaners are too The study found that a majority — 58 per cent — of frightened to complain because they want to keep their working students who revealed their wage were likely to work.”5 be earning less than the legal minimum9, and one third were earning as little as $7-$10 per hour10. The study The Fair Work Ombudsman is right now pursuing a found that these students were often paid in cash, so case in which a Melbourne contract cleaning company, they were unlikely to have access to basic entitlements. Over the Top Happy Cleaning Services, allegedly did not pay three international student cleaners for a total One student told the researchers: “It’s bad, just $7 an of 331 hours. The Ombudsman is seeking an order for hour before they said they gave lunch, and then they the employees to be back-paid and the owner of the didn’t give me anything after I worked there. She said I company faces fines of up to $6600 per alleged breach.6 gave you probation so I have lunch for a week for free and then they lied to me [and] they said when I started A number of submissions to various relevant inquiries to work properly they didn’t give anything.”11 have also included anecdotal evidence of exploitation of international students working in Australia. Researchers also noted that international students may often under-report the hours they work for fear of being A 2008 taskforce in Victoria heard that a significant deported. number of international students work in excess of the 40 hours a fortnight their visa allows — simply to meet Research by the Victorian Immigrant and Refugee 8 the cost of living in Australia. Women’s Coalition and United Voice in 2010 provides some insights into the experiences of international students who clean Melbourne’s luxury hotel rooms.12 Twenty six of around 350 respondents were international students, and around three quarters were employed by a contractor rather than directly by the hotel. This was significantly higher than the 51 per cent of their colleagues who were employed indirectly. Contractors were found to frequently give room attendants less time to clean rooms, forcing workloads to climb to extreme levels. Since a higher proportion of international students are hired by these contractors, it is these students who experience the worst of these intense workloads. A vast majority — 85 per cent — of international students working as room attendants said they were not given enough time to clean rooms, compared to 73 per cent of their co-workers. Most reported being pressured to stay back, made to work past their finishing times, and in many cases were not always paid for that work. A majority of international students — 58.4 per cent — reported staying back for an average of an hour or more every shift, well above the 31.6 per cent of their colleagues who did the same. Some 75 per cent of international students working as room attendants sometimes felt stressed about their workload, and nearly a quarter had been injured at work. THE BACKBONE OF CLEANING Little is known about the number of international students working as cleaners. But in a small pilot audit in the Sydney CBD cleaning industry, the Fair Work Ombudsman found a “significant number of overseas students working in the businesses audited.”13 Unfortunately, the FWO was not able to provide any data from the subsequent larger audit specific to international students. Inside the retail cleaning industry

equipment and accepts little or no commercial risk, can EXPLOITATION: THE HALLMARK be defined as anything other than an employee,” said the OF AN INDUSTRY FWO.17 The ease of entry into the cleaning industry is the principal reason it is so intensely competitive. WORKING HARDER FOR LESS Another effective way of cutting labour costs is through But once in the industry, it is difficult to remain viable work intensification — simply pressuring cleaners to do without undercutting rivals, and it is this competition on more work in less time.18 price that can ultimately weigh on cleaners themselves. Late last year, Crikey reported claims that Westfield was Contractors, feeling margins squeezed by the demands attempting to slash 20 to 25 per cent off its shopping of shopping centre owners like Westfield to cut the price centre cleaning contracts.19 These are the trends that of their contracts, see the cost of labour as the easiest are exacerbating the crisis in the retail cleaning industry, place to cut back in order to ensure a profit. because they encourage contractors to continue This is at the heart of the crisis felt in the retail cleaning intensifying cleaners’ workloads. industry. Indeed, a 2011 report by Uniting Care and United Voice, The two most effective ways of cutting labour costs which drew on the same raw data as this report, Cutting are by driving up workloads and lowering employment Corners: Cleaners’ Struggle For Justice With Victorian standards — and cleaning contractors often do both. Shopping Centres’ Contract Cleaning System, found that a majority of shopping centre cleaners do not always Frequently, intensifying workloads and lowering have enough time to clean properly. employment standards means ignoring workplace laws. That report found that extreme workloads have a According to the Fair Work Ombudsman (FWO): “With harmful impact on cleaners, leading to stress, injuries and the ability to access a large and potentially vulnerable breakdowns. It also revealed that excessive workloads labour pool; a need to keep costs low to remain can compromise the cleanliness of shopping centres.20 competitive; and labour typically representing the most significant cost to the enterprise, the environment is Further research has found that this crisis is hurting both one that presents a higher risk of non-compliance with the cleaners and the shopping centres they work in: workplace laws and obligations.”14 • Pedometer research found that shopping centre In fact, a recent FWO investigation into the cleaning cleaners walk an average of 14.6 kilometres in an industry revealed that in Victoria 44 per cent of audited eight-hour shift — the equivalent of 84 times the employers were in contravention of workplace laws.15 length of the MCG.21 In another investigation, the FWO found that 21.5 per • Swab testing by an independent forensic cleaning cent of audited cleaning companies were misclassifying expert found all but one shopping centre suffered employees as independent contractors.16 bacteria levels far in excess of acceptable hygiene standards, putting the health of shoppers at risk.22 This is possibly because engaging cleaners as independent contractors is a relatively simple way to get • An Auspoll survey of shoppers found that 66 per around workplace laws. cent believe their shopping centre to be at times unclean, while almost one in five had avoided “While caution needs to be exercised when making toilets at their centre.23 general statements about the application of the common law test of employment, it is difficult to see how a This crisis is why retail cleaners are standing together as cleaner performing simple work for a single principle part of the Clean Start campaign for liveable wages, safe contractor, who wears their uniform, operates their workloads and time enough to do their jobs properly. 10 Inexperienced and ripe for exploitation: About surveyed cleaners

The profile of international students working as cleaners in shopping centres is in sharp contrast with the rest of the retail cleaning workforce. International students are: • Less experienced: 66.7 per cent of them had two years or less experience in the industry, compared to 15.6 per cent of other cleaners. • Younger: 69.7 per cent of international student cleaners were under 30 years of age, compared with 8.5 per cent of other cleaners. • More likely to be single: 54.5 per cent of international student cleaners were single, compared with 17.9 per cent of other cleaners. However, a sizeable minority — 42.4 per cent — are married or in a de facto relationship. • Less likely to be parents: 21.2 per cent of international student cleaners are supporting children. While that’s significantly less than other cleaners — 46 per cent — it is still a significant proportion of students. • Around half born in India: The three countries that international students are most likely to be born in are India, Colombia and Sri Lanka. Cleaners who are not international students are also a very diverse group, with the three top countries in which they were born being Australia, Macedonia and Greece. • More part time and casual work: International student cleaners are much more likely to work part time — 73.1 per cent — or casual — 23.1 per cent — than their colleagues, 40.3 per cent of whom worked part time and only 3.8 per cent casual. • Shorter shifts on days when they work: International students, on average, had shorter shifts on the days that they worked, with an average of 5.1 hours. Their colleagues worked an average of 6.6 hours a shift. Just 18.8 per cent of international students normally work a full day when they work, compared with 62 per cent of other cleaners. • Nearly one quarter working at Westfield centres: 23 per cent of international student cleaners were working at centres owned by Westfield and 20 per cent at GPT Group-owned centres.

Owners of shopping centre cleaners where international students worked 25

20

15

10 WESTFIELD GPT GROUP OTHER CENTRO 5 CFS-COMMBANK MYER/DJs 23% 20% 20% 17% 10% 10% 0 Westfield GPT Other Centro CFS- Myer/ Group Commbank DJs 11 Extreme workloads

As cleaning contracts for big shopping centres are health and safety risk — and an obvious problem squeezed and hours cut, cleaners have been forced when it comes to maintaining acceptable standards of to do ever more in ever less time. International hygiene. students have not been immune to the impact of the intensifying of workloads. “It’s a risk to our health but they Nearly half of international students — 48.5 per cent — say they do not always have time to do their job don’t consider that because at properly. While slightly lower than for their colleagues the end of the day they need the at 54.7 per cent, it is still high. Four in 10 international students working as cleaners job done.” say they do not always have sufficient time to clean Some 12.5 per cent of international students working the bathrooms and 40.6 per cent do not always have as cleaners said they do not always have the right enough time to clean the food court. chemicals, and 18.2 per cent do not always have the The crisis in retail cleaning has placed a burden on right equipment to do their jobs properly. international students, as the students themselves “Gloves, if they [are] broken, they only give one pair attest: then have to go to supervisor, but if busy no time, then “We have heard that they will be reducing cleaning have to work without gloves,” — Sandip hours 20 per cent overall by centre management.” — “They don’t care much about safety in cleaning, to Chamara be honest with you. When we’re asking for the masks “[Centre management] cut the hours, so after that they never consider about that, and the appliances are there is more workload for us … We have to cover a big broken — they don’t fix it. area. We used to do like the two people, now it’s only “We don’t have the proper equipment — the vacuums one person … When it’s busy it’s really hard to keep are broken, the dust is running around us. If I work five [up] with the work. That’s a problem.” — Dammika days, one day something is broken … but somehow we “Sometimes [we have enough time to do the job have to use that to get the job done. properly] but sometimes one person has to do a two- “It’s a risk to our health but they don’t consider that person job. If someone is sick … they don’t call anyone because at the end of the day they need the job done.” else …. In the food court … we have to clear the dishes — Thilan and everything … and there is 22 shops. They all have the cutlery, the plates [etc] … But sometimes if they don’t have any [clean plates, etc] … [well], I’m only one person — I can’t do all the shops! And they start yelling at us.” — Dinesh “Sometimes when the shopping place is busy, the floor becomes very dirty and then you have to check spillages. In the meantime the bins get very full very quickly. When it’s busy there is not enough time.” — Sunil “Holidays are too busy, dozens of employees break down, need more staff on particular shifts.” — Sandip HEALTH AND SAFETY Among the international students working as cleaners, some had concerns about health and safety brought on by intense workloads. Arivinda said that he “strain[ed] my back all the time”. Maria said: “It’s not every day, but sometimes it’s really hard. Those days you just suffer.” Around one in three international students surveyed suffered stress about their workloads. Although it was less than their colleagues, 51.3 per cent of whom suffered stress, it’s still clearly high — and the lower rate may simply be due to the typically less hours worked by international students. Another symptom of a retail cleaning industry in crisis is a lack of appropriate chemicals and cleaning equipment, which presents a significant occupational 12 Stolen wages

International student cleaners are more likely to start When it is busy, he also works through his breaks. early or stay late, or work back for longer periods than “Management won’t put on extra staff,” Kumar said. their colleagues. He said he felt pressure to stay back, saying: “There is a Around one third reported sometimes working through guy in charge who puts pressure on everyone. [He] uses breaks to get their work finished, and more than a team work as an excuse to make people work back later.” quarter felt pressured to start early or stay back. An international student from Colombia, Oscar, reported A majority of international student cleaners start early or working an average of 15 minutes extra without pay so work past their finishing time to get their work finished. that he can prepare his trolley, and sometimes working This was significantly more than their colleagues, of through his breaks. whom 30.5 per cent started early or stayed back. Why? Because he is “too busy”. Casual and part-time cleaners are more likely to start early or stay back than full-time cleaners. Since most An international student from India, Rakesh, works back international students are casual and part-time, this is an average of one hour every shift without pay, which he clearly having an impact on them. does “just to get it finished”. When cleaners are paid for working additional hours, Rakesh said he does not always take breaks: “[I] skip overtime can be part and parcel of casual work. them entirely to keep working just to finish in time. There just is not time to take breaks anymore.” But over a third of international students working as cleaners reported working additional time without pay. In fact, of those who did start early or stayed back, a LITTLE UNDERSTANDING OF majority said they are not always paid for the extra work. RIGHTS AT WORK Of those that indicated on an earlier question that they International students revealed that many know much start early or stay back: Are you always paid for that work? more about their visa restrictions than they do about their rights in the workplace, obviously leaving them at International Other cleaners significant risk of exploitation. student cleaners When asked if she had been given any information about Yes 25.0% 34.4% her rights at work, Ana replied: “No. Just that I was going No 56.3% 62.5% to be allowed to work 20 hours per week and that’s it.” Don’t Know 12.5% 2.1% Students interviewed regularly mentioned their visa I don’t stay back 6.3% 1.1% restrictions, but were often unaware that they could turn to organisations like their union, the Fair Work ‘They put pressure on everyone’ Ombudsman or government departments help or advice. “In the workplace, we have no rights,” Dewan said. “There A Sri Lankan student, Kumar, surveyed for this report [are] no rights. You talk about rights, they give you said he works back an average of half an hour of every more job, they give you more punishment, they give you shift, without ever being paid for it. mental pressure.” “The centre’s getting busy but won’t increase time,” he said. 13 Culture of abuse and racism

Many of the international students interviewed said they have forged friendships through work. One even said work is a better place to meet people than university. “I found my workplace a very fun place. I love to work there … because I meet a lot of people. It’s better than my uni, actually, because over there you finish one class and you won’t see the person for one week. I think my workplace is better to make friends than my studies,” said Ayesha. RUDE OR ABUSIVE SUPERVISORS But such positive experiences are not the rule, with nearly 40 per cent reporting that their supervisors were sometimes rude or abusive. This is significantly higher than their colleagues, of whom only 20.6 per cent found their supervisor to be at times rude or abusive. Are you supervisors ever rude or abusive to you? Answered: YES 40

35

30

25

20

15

10

5

0 International Other cleaners student cleaders Said Kumar: “[There is one supervisor] that was rude to everyone. Everyone was stressed. [He was] pushing people to the edge; swearing, calling names. Not physical, [but] emotionally abusive. One guy nearly cried as [the] supervisor was rude in front of other staff members and customers.” Said Dinesh of his manager: “She is rude [and] talks in an angry voice. I’m always scared of her. She yells when we don’t finish the areas in the given time.” “They tell you rude words and they say they are your boss,” says Dilvan of his manager. “He doesn’t listen to me, he always calls me [a] liar,” recalls Priya. Dewan attributed rude or abusive behaviour to cultural differences between his home country and Australia. “In my culture, when you talk with people, we are not Dinesh also said his supervisor believed that like, ‘you mother f***er’,” he said. “We don’t use any management discriminates against Indians: “Better find slang, it’s bad English. But when the manager is talking another job because you can’t get any more shifts here, I with us, it’s their culture. Most of the time they use bad don’t think.” words … or they give a direct order: ‘do it’. We are not “They used to have plenty … now they say they don’t hire used to these things.” Indians.” One student once lost a job for arriving to work five Ayesha reported encountering racist attitudes among minutes late, which a subsequent supervisor used to retail staff and shopping centre customers. scare her. Her boss would tell Meena: “You have to be careful otherwise you can lose your job like what “Racism is too much here — because we look like Indians happened to you before.” they treat us a bit different way. Sometimes some Australians — they don’t like Indians,” she said. LACK OF RESPECT Ayesha said discrimination is not limited to racism. Some international students enjoyed a positive Sexism was another complaint. experience at work: “They are really good with She said: “Because I’m a girl they try to give boys stuff international students ... they give me weekend shifts so I [extra hours] first and then they count on us. In terms of can earn more money,” said Dammika. gender there is a huge difference. They think the girls are But many international students felt they received little a bit weak, so they think we can’t do the job properly.” respect when they worked as cleaners in a Melbourne shopping centre. ‘THEY DON’T LIKE THE UNION’ Said Dinesh: “I … [had a] stomach ache [and] in one hour A quarter of the international students surveyed I’d been to the toilet twice and they said: ‘you’ve been to encountered hostility from their bosses towards unions the toilet twice in one hour’. I thought, is that [a] topic of and their membership of a union, compared to only 14.4 discussion? They didn’t give me a warning for that, but per cent of their colleagues. they told [me] ‘you’ve been doing this and it’s not good, and you’re going to lose your job’.” “They didn’t like any union meetings,” said Chandra. “The bosses said the union didn’t do anything for them so Ayesha also recounted poor treatment from retail staff they didn’t like the union coming on site and talking to and customers at her shopping centre. us and stopping us working.” 25 “Sometimes some people — I can see it straight away — Said Priya: “They don’t like the union and they don’t like they treat us as a cleaner, but some people, they treat us me talking to the union.” as a human,” she said. Do your supervisors and managers ever make you 20 feel like they don’t want you to be a union member? RACISM AND DISCRIMINATION Answered: YES Since an advertisement for cleaners appeared on the

Gumtree website demanding “no Indians or Asians”, the 25 15 spectre of racism has come under the spotlight. While not specifically asked, four of the 11 students 10 interviewed said they have experienced discrimination 20 based on their race, nationality or gender. Dewan was explicit about the racism encountered while working as a cleaner: “If your skin is white you get the 5 respect. If your skin is not white, you don’t get the 15 respect, simple and easy.” 25% 14.4% 19.8% 14.4% “Lots of law[s] here. But nothing, no law for you if you 0 are not [a] resident, if your skin is not white. That’s my 10 experience,” he added. Dinesh said his managers failed to extend basic courtesies: “Their behavior is a bit rude. If you say ‘hi’ 5 and ‘hello’, they didn’t even get back to us,” said one.

He added that the dismissive attitude was “mostly with 25% 14.4% 19.8% 14.4% Indians”. 0 “They just pushing us, like hard job, but we have to do it International Other Employed Employed because … we have to work, we can’t leave.” student cleaners part-time or full-time cleaners casual 15 Surviving on poverty wages

• More than two thirds (69.7 per cent) sometimes BUMPER PROFITS, POVERTY PAY have trouble paying bills and debts. In the first half of this year, Westfield Group reported • Most (60.6 per cent) sometimes have trouble a 31.4 per cent increase in profit to $800.1 million,24 with transport costs such as petrol and public while Colonial First State is planning a $500 million transport, and a majority (57.6 per cent) cannot expansion of Chadstone shopping centre.25 afford a car. Yet very little of these healthy bottom lines are being Said Shazia: “I live in a shared accommodation. [There shared with the cleaners who work at their shopping are] five people in two bedrooms so we can pay for centres, with contractors paying them as little as they everything.” can legally get away with. Many cleaners are on just $17.05 an hour — and sometimes not even that. “I only use car if I must,” said Aravinda. Cleaners struggle to survive on these wages, and international students are no exception. International Other cleaners While most have savings or family support, every one student cleaners of the international students interviewed relies on their Sometimes have 66.7% 47.2% income to survive and, in some cases, to pay their trouble paying tuition fees. This places them under significant financial for groceries stress. Sometimes have 57.6% 45.3% The international student cleaners surveyed earned trouble paying an average of just $325.86 per week after tax. While rent/mortgage their hourly rates were the same as their colleagues, repayments international students must work fewer hours, and that leaves their weekly earnings at precariously low levels. Sometimes have 69.7% 60.1% trouble paying A majority of international students surveyed earned an bills/debts average of less than $350 per week after tax, compared to just 13 per cent of their colleagues. Sometimes have 60.6% 41.3% trouble with Average Weekly Pay (after tax) transport costs Can’t afford a 57.6% 22.2% International Other cleaners car student cleaners Under $200 10.3% 2.4% $200 to less 48.3% 10.5% HEALTH FORGOTTEN than $350 Rent, bills and groceries are essentials of life that $350 to less than 24.1% 22.4% international students struggle to afford. But $500 international students also had trouble paying for basic $500 to less 13.8% 30.6% medical and dental care. than $650 More than three quarters said they simply cannot afford $650 to less than 3.4% 26.2% to visit a dentist, and more than two thirds have trouble $800 paying for essential medical expenses. $800 or more 0% 7.8% “We have to have private health insurance as part of the visa conditions and that’s a lot of money to pay out,” said Chandra. THE BURDEN OF BILLS HOLIDAYS AN UNAFFORDABLE For all retail cleaners, struggling to survive is a reality of life — but international students reported even greater LUXURY financial stress than their non-student colleagues. All Australians would agree that enjoying a holiday, or • Around two thirds (66.7 per cent) of surveyed even a little downtime away from work, is an essential international students working as cleaners have in life. trouble paying for groceries, compared with 47.2 But for international students working as cleaners, per cent of their colleagues. enjoying precious time off is not something they can • A majority (57.6 per cent) sometimes have trouble take for granted. Indeed, it’s a luxury few can even paying rent or mortgage repayments. contemplate. 16 More than two thirds said they cannot afford even a simple pastime like going to the movies. STOLEN WAGES AND WORKING “I usually don’t go out because if I go out I have to pay, FOR FREE I have to buy things,” said Ana. Adding to their financial pressure is a culture of “Everything is so expensive here. So … I have to restrict underpayment, another common symptom of the crisis from some stuff.” in the retail cleaning industry. International students are also unlikely to see much Six of the 11 interviewed had been incorrectly paid. of Australia while they’re in the country, with 69.7 per “Sometimes they didn’t … [pay] the Saturday properly. cent unable to afford any kind of holiday. We have to check all the time,” said Dammika. Because of the financial pressure that international Three of the students had never received all of the pay students are under, many may find it difficult to resist they were owed. demands that they breach their visas and work more hours than their visas allow. One even said that after talking to his employer about being incorrectly paid, his workload increased. “As international students we don’t get any benefits specifically, for example, concessions on transport and “I get less $2,000 payment,” Dewan said. “When I talk even the university fees are the highest ones,” said about [being incorrectly paid] they push me, more job, Maria. more job. They increased the workload … they give me double.” “So it’s very hard for us to manage to pay everything that we have to pay. One said that his employer had actively tried to work around his visa restrictions by having him work over 20 “That’s why we have to work all the time that we can hours in one week, but shifting the pay for those extra work, and some people accept any job just to be able hours into his following week’s pay. to pay the bills and the things they have to pay.” Three students reported that either they or one of Thilan said: “They knew I can work 20 hours but they their fellow students working as cleaners were not were shifty, they gave me more hours. But I needed the paid when they worked more than 20 hours in the one money, [so] I worked. I have to otherwise they won’t week. give me shifts.” They had little chance of challenging their employers “[But] according to my visa I was allowed to work only for the money owed, given the potential breach of 20 hours at that time, but I had to work more — I can’t their visas. afford with 20 hours. I was with my family.” In their own words

To better understand the experiences of international “Lots of law is here ... but nothing, no law for you if you students working as cleaners in our shopping centres, are not resident, if your skin is not white. 11 were interviewed. They discussed the challenges they face, including MARIA, COLOMBIA encountering underpayment, overwork and racism or On poor treatment in the workplace: other forms of discrimination. “Overload in the workload that we have in the day, that The following are excerpts from some of these interviews. would be bad treatment. DEWAN, BANGLADESH “It’s very hard for us to manage On the failure of his employers to pay him for every hour to pay for everything we have to he worked: “Sometimes ... they don’t pay me. I faced [problems] like pay.” that. They know I can’t do anything about this.” On insisting he be paid for all his work: “The people that work in the same store, they don’t have the same treatment with us ... they will boss you around “I’m always scared about this. If I do something ... I can’t even though they don’t have any authority on you.” do something. I’ll lose my job. On intense workloads and the need to work back: “I know a lot of people, they don’t say anything about this matter.” “We work for four hours straight with no breaks ... sometimes I have stay five or 10 minutes longer just to On being paid less than the minimum wage: finish the last things that I’m missing.” “Lots of times, lots of times. When I talk about this [with] On having to buy her own equipment: the manager ... they push me. More job, more job. If I talk about this ... they give me pressure. “We don’t have any gloves or things like that given to us, some people have to buy their gloves by themselves if “They increased the workload, like they give me double. they want it.” “Because they know [I am] a student who is not On intense workloads and study: permanently living here, they can give [me] more trouble, you know? “Well, after work I have to go and study, so if I’m really tired I really struggle sometimes just to [be] able to work “We can’t do anything ... they know this.” and study and everything.” “It’s different for international On surviving on low wages: “It’s very hard for us to manage to pay everything that we students. We are treated as have to pay, and that’s why we have to work all the time that we can work, and some people accept any job just to servants.” be able to pay their bills.” “If I was here completely alone I would struggle because On being treated differently as an international student: then you don’t have enough to pay the rent and to be “It’s different for international students. [We are treated] able to pay for transport and food and everything.” as a servant, you know? Servant. On making new friends at work: “Servant means slave, s-l-a-v-e.” “It’s nice that there are many people from many cultures On rights in the workplace: here. So I’ve found it easy to find friends here from many different cultures.” “Blah, blah, blah ... in the workplace we have no rights.” “There is no rights ...[if] you talk about your rights ... they THILAN, SRI LANKA give you more job, they give you more punishment ... On working more hours than his visa allows: they give you mental pressure.” “When they had work they knew I can work 20 hours but On speaking out: they were shifty, they gave me more hours. But I needed “My brother called me and asked why I am talking money, I worked. because he is scared that if I talk that maybe I will face “I worked more hours ... when they required ... otherwise the full action, more problem. It’s not good for anyone.” they won’t give me shifts.” On racism in the workplace: On not being paid for all the work he did: “I will tell you, if your skin is white you get the respect, if “They didn’t pay a few shifts. I raised it with them and I your skin is not white, you don’t get the respect — simple got a few paid, but a few I didn’t get paid.” and easy. 18 On poor treatment at work: “They think the girls are a bit weak ... so they prefer to take boys.” “I’m not happy with my cleaning career because they never recognise the good work and they don’t treat [me] On not being paid for all the hours she’s worked: fairly.” “I worked ... one of the public holidays. But I still haven’t On not getting enough time to do the job properly: got my pay.” “A few years ago I had the time, but not now. They don’t give the proper time to do the proper job. Actually, they “Sometimes some Australians, are dodgy, they are not giving the proper hours to do the proper job.” they don’t like Indians.” On working back, and not getting paid for it: On racism in the workplace: “I always start a few minutes early. There’s a clock on “Racism is too much here. Because we look like Indians the system and the managers ... have signing power, so they treat us a bit different way. Sometimes some if I clock off at ten past five, I don’t get paid for that 10 Australians ... they don’t like Indians.” minutes extra.” On balancing work and studies: On working more hours than his visa allows: “It’s really tough. We feel this when the exams come ... “They never treat me with because we can’t take leave from work.” respect.” DINESH, INDIA On not being paid for all the hours he worked: “Some days I had to work like six or seven hours, sign only five hours and the next two hours was paid ... the “They forgot to pay some hours, and when we go back next week. and tell them we didn’t get the pay.” “That was dodgy [but] they did that.” On rude and racist behaviour at work: On respect in the workplace: “Behaviour-wise, they are a bit rude. Mostly with Indians.” “They never treat me with respect.” “They used to have plenty [of Indians] and ... now they say they don’t hire Indians.” On health and safety: “They don’t care much about safety in cleaning to be DAMMIKA, SRI LANKA honest with you. When we’re asking for masks they never On treatment of international students: consider about that, and the appliances are broken [and] they don’t fix it. “Because we’re international students ... we don’t get the respect sometimes.” “We don’t have proper equipment so the vacuums are broken and the dust is running around us. But ... at the On intense workloads: end of the day, they want the job done.” “I’m getting a little tired because I’m working all the time. “If I work five days, one day something is broken ... but I keep working and doing all the bins so ... I’m tired after somehow we have to use that to get the job done. all that.” “It’s a risk to our health but they don’t consider that because at the end of the day they need the job done.” AYESHA, BANGLADESH On knowing her rights at work, and bullying: “We don’t know what our rights are ... our bosses are sometimes rude and sometimes they try to bully us. “One of my colleagues, he got sacked ... because he was late one day. When you’re working they create more problems for everyone. “So it’s pretty stressful.” On discrimination:

“In terms of gender, there is a huge difference. “Where I work, if there’s an extra job they call the boys first, and if the boys are not there then they call me. 19 Exposing the underbelly of retail cleaning

The crisis in the retail cleaning industry can make it More recently, an investigation by the Fair Work difficult for resposible cleaning contractors to turn a Ombudsman led to 53 Westfield shopping centre profit, encouraging others willing to break workplace cleaners in Sydney, all employed by a cleaning laws by underpaying international students. contractor, being reimbursed $68,330. The Fair Work Ombudsman conducted the investigation Media reports and formal government investigations after receiving complaints that “CleanDomain was have both uncovered these practices. not paying wages, failing to issue pay-slips and was In 2008, an anonymous whistleblower told The making cash-in-hand payments to some employees”.27 Australian that Sydney shopping centre cleaners Cases pursued on behalf of retail cleaners by United were being paid cash in hand, at lower than the Voice Victoria alone resulted in payments of around legal minimum rates — and with nothing paid for $125,000 between June 1, 2010 and August 31, superannuation or WorkCover. 2012. These payments related to a range of issues, Most of the cleaners they dealt with were international including not being paid for all of the hours worked, students working more hours than their visa allowed, underpayment of wages, and unpaid superannuation making them vulnerable to exploitation. and allowances. The insider told The Australian: “The cleaners on night shift were mostly paid cash in hand. They usually got GUMTREE: WHERE EMPLOYERS $12 an hour.”26 FIND VULNERABLE WORKERS Cleaners who are not fully aware of their rights are the most vulnerable to exploitation and underpayment and, as we have seen, international students are a key part of that group. To expose the extent to which employers underpay cleaners like international students, an analysis of 40 job advertisements for cleaners in the retail sector on the Gumtree website was conducted through September. Thirteen advertisements included the pay rate, and further research found pay rates for another two. The abuse of workplace laws and underpayment of retail cleaners was immediately obvious. A CONTRACT FOR EXPLOITATION Half of the advertisements either mentioned an ABN was required or preferable, or the job was advertised as being on “contract”. Working on a contract means a cleaner can unwittingly AAP news.com.au 4/10/2012 be taking part in sham contracting. But even where the contract is a genuine one for services, the contractor — 20 who is the worker — may not receive superannuation and other key entitlements like penalty rates, annual • Estimated underpayments ranged from around leave and sick leave. $2 per hour up to just over $21 per hour. The latter involved weekend work advertised at only They may also have to pay for equipment, insurance $16 per hour with an ABN. This is already well and administrative costs. To ensure they are being paid below the ordinary full time Award rate, even fairly, they must be paid compensation for these costs before factoring in the weekend penalty rates and and for forgoing the usual entitlements. compensation for lack of leave entitlements or To determine whether or not these contracted workers superannuation. were being underpaid, the advertised rate was • Estimated underpayments ranged from around compared to the casual Award rate (including relevant $40 per week to over $250 per week. In one ad, penalties), plus nine per cent for superannuation. the employer was seeking a casual employee to But this still did not factor in any costs for accident work three hours per day for seven days a week insurance, equipment, administration, profit margin, — which is already illegal — for just $15 per hour, etc.28 well below the legal minimum for working during So the following estimates of underpayment are the day on week days. But the employer was conservative, and underpayment is likely to be greater. demanding the cleaner work unsociable hours, including some weekends, so the legal minimum 93% LIKELY TO BE was in fact much higher. 29 UNDERPAYING CLEANERS • In total, it was estimated that this cleaner was likely to be underpaid around $247.50 a week — Information was collected on pay rates, hours and and certainly should not be forced to work seven days of work — to determine relevant penalty rates days in a row. — and the nature of the employment or engagement — contract, full-time, part-time or casual. This allowed • The estimated proportion of their pay and legal the likely award rate to be determined, including any compensations that cleaners answering these penalties for working unsociable hours. For contractor advertisements would miss out on ranged from 10 positions, the relevant casual pay rate plus nine per per cent to 57 per cent. cent superannuation was used for comparison.30 But the exploitation on display in the pages of the While there is no suggestion that the Gumtree ads are Gumtree website were not limited to underpayment. representative of all retail cleaning jobs advertised, the One advertisement demanded “a male cleaner” while level of underpayments found were revealing: another didn’t even attempt to hide its intentions to • Fourteen of the 15 advertisements where the pay break the law: “Pay in cash”. rate was known were likely to be underpaying It is impossible to know just how many international cleaners — 93 per cent of the advertised jobs in students take up the dubious opportunities offered in retail cleaning. these ads. But with their targets likely to be exactly • Of cleaning work advertised as underpaid, the kind of workers who are ignorant of their rights the estimated average that cleaners would be or unable to stand up for them, it’s fair to say that underpaid by was $9.88 per hour — or $139 per international students would easily fall into their traps. week. On average, these cleaners would receive only two thirds of what they should have been paid. 21 Conclusion: Welcome to Australia, but don’t ask for respect

International students are at the heart of one of practices employers use to make a profit, with the Australia’s most important export industries. impact often falling on international students. They are frequently pressured into doing more and more But they are worth so much more than that to our work in less time, with half of the students interviewed country: they help support our education system and saying they do not always have the time to do their play an enormous part in the richness and diversity jobs properly. of a multicultural community of which we are justly proud. Extreme workloads are the inevitable result, with over a third of international students stressed about their International students, too, gain immeasurable benefits workloads. from coming to Australia. They receive an education that is the among the finest on offer anywhere in the A third of international students also reported working world, while experiencing a new culture. extra hours for which they are not paid — essentially working for nothing. Six of the 11 students interviewed But while they are here, international students are no had been paid incorrectly at least once, and three different from the rest of us in at least one important never received all the money they were owed. regard: they need to work to support themselves and, often, their families. Some said they were not paid if they were asked to violate their visas by working more than 20 hours a Cleaning our shopping centres has become one of the week in term time. key ways for hard-working students to earn a living, while at the same time forging friendships for life and The international students surveyed worked as contributing to the Australian economy. cleaners in our shopping centres for an average of just $325.86 per week after tax — money many depended But many fall foul of the crisis in the retail industry, on to make up all or much of their basic living costs. a crisis caused by shopping centres’ demands for cheaper contracts. So it was unsurprising to find them suffering significant financial stress. These demands force contractors to undercut rivals, and then intensify workloads, cut conditions and Some 69.7 per cent had trouble coping with bills or underpay their cleaners to make a profit. debts and more than half faced terrible difficulties paying rent or mortgages. Two thirds even found it Unsure of their rights, lacking in confidence in standing hard to pay for groceries. up for their fair share or hampered by visa restrictions, many international students can be easily exploited by All these stresses are a direct result of a continued cleaning contractors. pursuit of cheaper cleaning contracts by the companies that own our major shopping centres. Both government and shopping centre owners could be considered to be in breach of their duty of care to More subtle pressures are also at work in the retail international students by failing to educate them on cleaning industry, with some alarming aspects of their rights, and allowing exploitation to flourish. workplace culture identified. This report has uncovered some of the shameful A quarter of cleaners said their manager at times made 22 them feel they did not want to be represented by a union. A staggering 40 per cent suffered at the hands of rude or abusive bosses, nearly double the number of their colleagues who felt similarly mistreated. Racism and other forms of discrimination were also uncovered, with four of the 11 students interviewed reporting that managers or customers treated them differently according to their gender, their nationality or the colour of their skin. The survey, the interviews and the analysis of Gumtree advertisements reveal an industry in crisis, with rights of workers regularly ignored or violated. Many of these workers are international students, who are in many ways the workers most likely to be affected. This report highlights a genuine crisis in the retail cleaning industry, a crisis which shopping centre owners must address to put an end to problems like extreme workloads, bullying, underpayment and a culture of discrimination and racism. Shopping centre cleaners around Australia are campaigning to win justice, respect and an end to extreme workloads and low pay. The owners of our shopping centres can and must ensure respect and fair treatment for them and end this crisis by agreeing to the need for reform of the industry. By tackling the harsh realities of the retail cleaning industry, not least by ceasing to squeeze the value of their contracts, shopping centre owners can ensure the industry is a safe and rewarding one for all its workers — including the many international students who play such an important role in our economy and our society.

23 Endnotes

1. Australian Education International (Australian Government) Research Snapshot: Export income to Australia from international education activity in 2011 May 2012. 2. Australian Education International (Australian Government) Standard Pivot Table 2011 January 2012. 3. Ibid. 4. Ibid. 5. 10/6/2012 “Students caught up in dirty deals in cleaning industry” O’Rourke, J The Sydney Morning Herald. 6. Fair Work Ombudsman 11/10/2012 Media Release: “Cleaning contractor faces court action over alleged underpayment of foreign workers.” 7. Overseas Student education experience taskforce (Victoria) Taskforce Report December 2008. 8. Australian Senate Education, Employment and Workplace Relations References Committee Welfare of International Students November 2009. 9. Of those that worked and reported their wage rates to researchers, 58 per cent earned less than the relevant Award wage for a casual waiter or shop assistant and therefore the researchers deemed them likely to be earning less than the relevant legal minimum rate of pay. Nyland, C., Forbes-Mewett, H., Marginson, S., Ramia, G., Sawir, E. and Smith, S., (2007) “International students – A segregated and vulnerable workforce” Monash University Business Department of Management Working Paper Series, 24/07 10. Ibid., p6. 11. Ibid., p7. 12. Victorian Immigrant and Refugee Women’s Coalition (2010) Heart Break Hotels: The crisis Inside Melbourne’s Luxury Hotels. 13. Fair Work Ombudsman NSW – Sydney Metropolitan Cleaning Contractors Campaign Final report June 2010. 14. Fair Work Ombudsman Sham contracting and the misclassification of workers in the cleaning services, hair and beauty and call centre industries. November 2011, p16. 15. Fair Work Ombudsman National cleaning Service Campaign 2010-11 June 2011, p10. 16. Op cit., Fair Work Ombudsman November 2011, p15. 17. Ibid., p7. 18. Campell, I. and Peeters, M., “Low pay, compressed schedules and high work intensity: A study of contract cleaners in Australia” Australian Journal of Labour Economics Vol 11, No 1, 2008, pp27-46, p37. 19. Crikey “Tips and Rumours: Lowys cleaning up on costs” 13 April 2011. 20. Uniting Care Creative Ministries Network (2011) Cutting Corners: Cleaners’ Struggle for Justice with Victorian Shopping Centres’ Contract Cleaning System. 21. United Voice (2011) Walking Around the World: A Study of cCleaners’ Workloads. 22. United Voice 17/4/2012 Press Release: “Babies, kids put at disease risk by mall hygiene crisis: Audit”. 23. United Voice 14/5/2012 Press Release: “Dirty shopping centres hurting retailers: Auspoll survey”. 24. Carolyn Cummins AAP 15/8/2012 “Westfield Group half-year profit jumps a third” Sydney Morning Herald (online). 25. Miki Perkins 6/12/2012 “Chadstone in $500 million expansion bid” (online). 26. Elisabeth Wynhausen 4/10/2008 “Cleaning industry’s dirty secrets” The Australian. 27. Fair Work Ombudsman 2/10/2012 Media Release: “Sydney cleaners back-paid almost $70,000”. 28. With the exception of one advertisement for a cleaning supervisor in which ad specifically included the use of own vehicle with half of the fuel costs paid for — estimates of additional car costs were included in this case based use of 10kms per day (cleaning supervisor needed to move between multiple sites). 29. The term “underpayment” is used here to describe rates that are clearly unfair with no judgment on whether they are illegal for the work advertised which may be a contract for service rather than employment. 30. Notes on estimates: Where the ad did not include days worked it was assumed work was on Monday to Friday, or in the case of six days Monday to Saturday. Where hours were not stated, assumed work starts before 6am or finishes after 6pm (as this is the most common scenario). Where ad stated hours per day but not how many days when calculating weekly rates, it was assumed work was five days. Where hours not known at all, weekly rates estimated at 19 hours per week as this was the average of positions where hours known.

24 cleanstart.org.au