Introduction
Modern slavery can taint the supply chain of any Australian business. To mitigate this risk the Modern Slavery Act 2018 (Cth) requires certain entities and encourages others to give annual modern slavery statements to the Commonwealth Attorney-General's Department.
What is modern slavery?
Generally modern slavery refers to serious crimes and human rights abuses such as human trafficking, forced and child labour, and forced marriages. Modern slavery remains prevalent within Australia and across the globe. Recent statistics published by the International Labour Organisation estimated that 50 million people were subjected to slavery on any given day in 2021.
Modern slavery is increasingly an issue in commercial litigation
Modern slavery disputes affecting businesses and their supply chains are increasingly appearing in commercial litigation. Examples from court decisions across the globe include:
- A labour hire company in Australia which hired employees from Vanuatu and underpaid them and deprived them from access to adequate food and accommodation.1
- A labour hire company in the United Kingdom which failed to pay the minimal wage and provide access to food, water and rest to its Lithuanian workers who were contracted to catch chickens for a major supplier...