What Is Modern Slavery

1. Introduction

Global estimates reveal that 18% of the labour force in construction is impacted by labour exploitation. This figure increases to 22% for workers in material manufacturing and production [1]. The construction sector is considered the No.1 industrialised sector for modern slavery globally [2]. The introduction of Australia’s Modern Slavery Act 2018 (Cth) has sparked increased industry and scholarly interest in the construction sector, prompting growing scrutiny of both human rights and reporting requirements. Mandatory reporting mechanisms have exposed the construction industry's heavy reliance on low-cost and labour-intensive supply chains [3, 4]. However, criticisms persist regarding the inadequacy of these regulatory measures in effectively tackling labour exploitation [5-7].

Significant forms of labour exploitation have been identified within Australia's building sector. The 2003 Royal Commission into the Building and Construction Industry identified businesses benefiting from the exploitation of illegal migrant workers and paying donations [8]. The 2017 Australian Institute of Criminology report identified that migrant labourers were subject to excessive hours, underpayment or no payment, passport confiscation, unsafe and overcrowded housing, forced manual labour, verbal threats, violence, physical abuse, and severe cases resulting in significant permanent disability [9].

Despite recent efforts to enhance Australian responses to modern slavery, the construction sector remains at the periphery of targeted action, and its human rights risks are under-recognised. A simple search on any academic database of keywords such as “modern slavery” and “construction” shows as little as 38 results (results from Scopus, 12/07/2024). To address the lack of empirical data, we have conducted a long-term study examining modern slavery in Australia’s construction sector.

Our submission explores the impact of the Modern Slavery Act 2018 (Cth) on the construction sector, the identification of at-risk groups found within the construction sector, and lastly, areas that require priority attention to redress contempt forms of modern slavery in the Australian building sector. We conclude with recommendations for the Special Rapporteur on contemporary forms of slavery, focusing on the Australian construction industry context.