3 | Human rights risks and challenges
No new stadiums are being constructed for
the purpose of the FWWC2023, which reduces
the scope of this risk. However, there are uplift
and refurbishment requirements for all of the
existing stadiums, and for one new stadium under
construction already in Sydney.
Hospitality—key risks to workers identified in
the hospitality industry arise in connection with a
range of systemic issues in the industry including:
underpayment of wages, failure to comply with
mandated paid breaks or working hours, insecure
work, sexual harassment and bullying. Workers
in the hospitality industry may be vulnerable due
to their status as migrant workers, international
students, backpackers, children and young
people, and may be particularly impacted by the
abovementioned issues.50
Stakeholders from hospitality unions/NGOs also
identified particular risks to workers relating
to excessive alcohol consumption by patrons,
including escalation of sexual harassment and
abuse, and workers over-serving alcohol due to lack
of employment support and training.
Cleaning—the cleaning industry is recognised
as a high-risk industry for labour exploitation.
International students, backpackers and migrant
workers and other vulnerable workers make up
a significant cohort of the workers within this
industry. The following risks have been documented
in the cleaning industry: withholding of wages,
immigration-related coercion and threats, deceptive
recruitment, excessive overtime, debt bondage,
confiscation of personal and travel documents, and
dangerous and substandard working conditions.
Sexual harassment of young female and LGBTQI+
workers also occurs and is often underreported.
Sub-contracting of labour is very common in the
cleaning industry, which tends to elevate risks of
labour exploitation.
Hotels—the Australian Fair Work Ombudsman has
conducted several compliance activities in recent
years which have highlighted the risks to vulnerable
workers in the hotel (and cleaning) industries,
including international students, backpackers and
migrant workers and among housekeeping staff in
particular.
22
Key labour rights risks in the industry include
underpayment of wages, lack of recognition of the
employment relationship and retaliation against
workers for speaking out about substandard
working conditions.51 Lone workers, particularly
those in night shifts, may also be at increased risk
of threats, and verbal and physical violence.52
Security—investigations by the Australian
Fair Work Ombudsman53 have highlighted
underpayment of wages in the security industry.
They have also highlighted the culturally and
linguistically diverse nature of the workforce, lack of
awareness of workplace laws and entitlements and
the high incidence of workers being inappropriately
treated as contractors as opposed to employees,
and therefore being underpaid. Those working in
hospitality-related security (e.g. bouncers at bars
and nightclubs) also face risks relating to alcoholrelated harm including physical violence.
Consumer goods—the risks of labour exploitation,
including modern slavery, such as extreme forms
of child labour, debt bondage and forced labour
in supply chains of low-cost and fast-moving
consumer goods are well-documented.54 These
issues have gained increased public attention
in Australia with the introduction of the Modern
Slavery Act. FIFA has a long history of receiving
scrutiny over such issues with respect to footballs
and merchandise produced by its sponsors.
(b) Risks of labour exploitation for volunteers
A key issue highlighted by stakeholders in relation
to volunteers was the need to distinguish between
paid and unpaid work. In the context of the
tournament volunteers may be asked to perform
roles which are similar to paid roles without
proper remuneration, or to perform work in the
same manner as an employee. Situations where
volunteers are asked to do so may be exploitative
and unlawful.
Other risks identified for the volunteer cohort are
identified below in section 3.3 Cross-cutting risks.