Don Randall (Canning, Liberal Party) Share this | Hansard source

On behalf of the Joint Standing Committee on Migration, I present the committee’s report, incorporating an additional statement, entitled Temporary visas … permanent benefits: ensuring the effectiveness, fairness and integrity of the temporary business visa program, together with the minutes of proceedings and evidence received by the committee.

Ordered that the report be made a parliamentary paper.

by leave—Recommendations in the committee’s report reinforce that it is in Australia’s interests to strengthen the effectiveness, fairness and integrity of the temporary skilled migration program to ensure a continued benefit to local businesses, overseas and Australian workers and the broader Australian community. Unlike the guest worker programs of some other countries, Australia’s temporary skilled migration program also offers what could be called ‘permanent benefits’ in providing a pathway for skilled workers to later apply for permanent residence. Temporary skilled migration provides businesses with access to the global skilled labour market to fill proven skills shortages in key industry sectors. It ensures the continued growth of the Australian economy while safeguarding employment and training opportunities for Australian workers.

As the committee emphasises in its report, the highest priority must be placed on providing Australians with job opportunities and training. However, given our strong economy and high employment rate, temporary skilled migration can address some of our short-term skill needs. The report notes that the majority of the employers under the 457 visa program are doing the right thing and complying with the sponsorship obligations. Any abuses of the system should and will be met with strong penalties and withdrawal of their access to the program. The Australian public needs to know that the overseas workers are being treated fairly and are not being used to undercut the wages and conditions of Australian workers.

I want to highlight four areas of particular interest to the committee. Firstly, the report makes recommendations to strengthen the integrity of the program. In this regard, the committee welcomes the introduction of legislation to strengthen the compliance regime under the 457 visa program. It recommends that DIAC ensure adequate resources are allocated to the enforcement of these new arrangements. The committee also notes the critical importance of the security checks and recommends that DIAC, together with the Australian Federal Police, review the character requirements of the program to ensure its integrity and the safety and security of the Australian community. In addition, the report recommends that DIAC ensure that the employers understand their sponsorship obligations and the proposed changes to the 457 visa program and that DIAC investigate whether viable alternatives exist for calculating salary levels under the program.

Secondly, the report seeks to ensure the working conditions of overseas workers. In this regard, the committee supports the following: the introduction of tougher penalties in the Migration Act for employers who breach their sponsorship obligations, moves to improve the information flow between DIAC and other agencies responsible for workers’ protection, and the introduction of a higher English language requirement for OH&S and other reasons. The committee was also concerned to ensure that 457 workers had a comprehensive complaints mechanism available so that they could confidentially report concerns about their employment conditions without provoking retaliation. The report makes a recommendation on this matter and notes that such a mechanism should be widely promoted. One of the reasons overseas workers may be reluctant to report potential breaches of visa requirements is a concern that their employment will be terminated and they will be returned home. Accordingly, the report recommends that DIAC provide clear guidelines for 457 sponsors and workers on their rights and obligations, particularly following termination of employment.

Thirdly, the report makes recommendations to protect employment and training opportunities for Australian workers. The 457 visa assists in overcoming short-term skills shortages but is not a substitute for investment in the training and skills development of Australians. Accordingly, the committee recommends that DIAC ensure effective training objectives under the program that uphold the commitment to training Australians and appropriate resources for monitoring and compliance with training requirements, and that the 457 visa program is limited to skilled occupations where there is a demonstrated skills shortage.

Finally, the report looks at maintaining program effectiveness to meet needs of business, particularly the urgent need to streamline the 457 visa processing times. The committee welcomed the government’s announcement that it will fast-track visa applications for employers with a track record of complying with the program requirements. A follow-up review in this area has recommended building on the success of the industry outreach officer program. The committee also recommends that DIAC commission research into how industry use the 457 visa program to ensure it meets their needs. There are additional recommendations relating to the needs of business.

To conclude, I thank all of those who participated in the inquiry. I also thank other members of the committee, some of whom are in the House today. On that matter, I would like to say that the committee worked together in a most comprehensive and cooperative manner. Mr Deputy Speaker, you will note that this is a unanimous committee report, and I thank the committee for that. I also thank all of the committee support staff, particularly Joanne Towner and Dr Kate Sullivan, who did an outstanding job in delivering a report which I believe will be very useful to the Australian workplace and Australians.

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