Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

I rise to speak in support of the Migration Legislation Amendment (Worker Protection) Bill 2008 today, 3 December—an appropriate day, as it is the anniversary of the Eureka Stockade in 1854. It was a day when migrants from all around the world came together to pursue a particular cause. It was obviously a little bit illegal, but they still came together to pursue a particular cause. I am particularly pleased to support this bill, as my electorate of Moreton is home to many 457 visa holders who have come to Australia to help alleviate the skills crisis. In recent years, demand for the 457 visa has experienced extraordinary growth in response to labour market demands. It is well known that many industries in Australia face chronic skills shortages. Businesses in my electorate—and businesses far and wide—are crying out for more construction tradespeople, workers in the meat industry, IT professionals, doctors, nurses, allied health staff and even hairdressers, to name but a few.

In fact, the Department of Immigration and Citizenship lists more than 100 occupations for which workers are in demand throughout Australia. Back in 2003-04, a total of 39,500 section 457 visas were issued. By 2007-08, the total had more than doubled to 87,310. The 2008-09 migration and humanitarian program is expected to total 203 visa grants, with the majority of visas, 133,500, to be allocated for skilled migrants. There are 13,500 places set aside for refugee and humanitarian entrants, while a further 56,500 places will be made available in the family stream.

By 2006, stories began to emerge of overseas workers being exploited and used as a cheap source of labour, particularly in the meat industry but across other sectors as well. It would come as no surprise to members on this side of the House that the Howard-Costello government did very little to ensure the integrity of the economically important temporary skilled visa program in response to these claims. And they did even less to address the skills shortage, which is probably one of the reasons why the Howard-Costello government handed over a productivity level with a big fat zero in front of it, a big fat zero in the middle of it and a big fat zero at the end of it—productivity of zero. That is quite embarrassing for the Howard-Costello government.

By contrast, the Rudd government is investing around $20 billion in education and training measures to boost skills, including up to 630,000 new training places. This is good policy and will ensure that more Australians are trained, but it is simply not enough to meet the immediate demand for skilled workers. As those people working in the restaurant industry or industries like it would know, skilled workers are a valuable economic commodity. They are great for economic growth and great for productivity. I know they are human beings, but I wanted to briefly talk in pure economic terms. Skilled migrants to Australia have a huge part to play in alleviating the skills crisis, and it is critical for the public to have confidence in our overseas skilled visas program.

Some changes are already underway. For example, employers seeking a labour agreement under the 457 visa program are now required to consult with relevant industry stakeholders, including peak bodies, professional associations and unions. The consultation process is about providing greater transparency to the labour agreement process. As some of the former speakers have mentioned, it can on occasion be an uneven bargaining arrangement when you have someone coming from an overseas country, particularly when English is not their first language. They turn up here and they can be threatened with dismissal and therefore return to their country. So it is not an equal bargaining process. For an effective work contract you must have equal bargaining between the employer and the employee.

The Minister for Immigration and Citizenship, Senator Chris Evans, also appointed industrial relations commissioner Barbara Deegan to carry out a review into the program and look at ways to prevent exploitation, to prevent the undercutting of Australian wages and to ensure that the program continues to help meet our skill needs well into the future. Commissioner Deegan’s recommendations will be used to help strengthen and reinstate public confidence in the 457 visa program. We do not need any more situations such as that when those poor metalworkers in Ipswich arrived and were told to make their beds—not with their sheets and blankets but with bits of steel. They were then charged astronomical rents from their quite measly wages.

This bill amends the Migration Act 1958 to better protect temporary overseas workers in Australia. How does it do so? It does so by (1) beefing up monitoring powers, (2) introducing civil penalties for sponsors who breach their obligations, (3) clarifying sponsor obligations and (4) encouraging greater information sharing between government agencies.

The new monitoring provisions give the Department of Immigration and Citizenship inspectors powers to monitor compliance with sponsorship obligations. These powers are not anything extraordinary; they are very similar to the workplace inspectorial powers contained in the Workplace Relations Act 1996. They give inspectors the power to enter without force any place where the inspector has reasonable cause to believe there is anything relevant.

The bill also gives power to the tax commissioner to disclose tax information that relates to a visa holder, a former visa holder, an approved sponsor or a former approved sponsor, if so requested by the Minister for Immigration and Citizenship. These measures send a strong signal to sponsors that, if you intend underpaying, overworking or exploiting your 457 workers, you will be caught and you will face tough penalties. The inspectors will have the power to inspect the premises, to interview any person and to seek and copy relevant documents.

The bill also includes tough new penalties for noncompliance, including fines of up to $33,000. These new measures will send a much stronger message to the employer community that wish to access 457 visas. It should be remembered that the principal reason that we have 457 visas is that there are not Australian workers available to do particular jobs. So we want to make sure that all Australians are looked after by having a strong noncompliance message. The department can also impose sanctions when it is clear that a sponsor has failed to satisfy their obligations. For example, if a sponsor were to take advantage of an employee and pay them below an award, this bill gives the department the power to cancel the sponsor’s approval, to bar them from future applications and, more importantly, to initiate proceedings against them in the Federal Court.

It is shameful that employers would exploit their most vulnerable employees, such as 457 migrants, who have less understanding about their rights at work. Often they speak English as a second language and face the day-to-day pressures of starting work and living in a new country—often with their children going to new schools and having some language difficulties. You would have seen in your electorate, Mr Deputy Speaker Scott, when people turn up at a meatworks in Charleville and then have to adjust to a new community, coming from Brazil or something like that, that it can be quite traumatic. So we are trying to make sure that these 457 migrants are looked after. I am confident that these penalties will serve as a strong deterrent and protect overseas workers from exploitation.

I also welcome the measures in this bill to establish migration regulations regarding the obligations of sponsors. These regulations will be developed in consultation with stakeholders and will include matters such as the time frame in which an obligation must be certified and the manner in which the obligation is to be satisfied. The regulations may also be used to simplify the sponsorship approval process. Developing these obligations through regulation rather than legislation will ensure that there is greater flexibility and adaptability over time, because obviously the necessity for 457 visas changes reasonably quickly depending on the economic circumstances.

I represent an electorate where one in three voters was born overseas—and it is probably more than that if you include the family reunification group. We are an open, vibrant, multicultural community and, for the most part, we are very tolerant and understanding of one another. However, not a day goes by that I am not contacted by someone seeking help and support with an immigration matter for themselves or a family member. The decisions that we make relating to the legislation and policies that govern immigration should not be taken lightly, as these decisions have the power to drastically impact on vulnerable individuals and their families. That is why I support this bill so enthusiastically—not only because it makes good economic sense to look after these workers but also because it is the right thing to do.

The bill before the chamber also has the strong support of unions, who have been calling for changes to the 457 visa program for some time—a lone voice for too long in the Howard-Costello years. I particularly want to mention the Australasian Meat Industry Employees Union, which have been advocating for change for some time in the meat industry. I would particularly like to thank Queensland Branch Secretary Russell Carr for his input, advice and endeavours in this important visa program. The AMIEU have some great initiatives in terms of looking after their workers, especially those from Brazil and from China, and they make sure that their newsletters are written in appropriate languages so that these workers from overseas have a chance to know the benefits that come with union protection.

Russell Carr and the AMIEU have also been working with employers, employees, the Department of Immigration and Citizenship, the Department of Education, Employment and Workplace Relations and the Queensland government to overcome workforce shortages and ensure that there are good outcomes for all in the meat industry in Queensland. And, if there is a good outcome for the meat industry in Queensland, often there is a good outcome for graziers that provide the meat for these abattoirs. In fact, the meat industry, especially in Queensland, is a role model for other industries. I commend the AMIEU for their good work and their commitment to fair work for all.

It will be particularly important in the months ahead because, already in this parliament, we have unfortunately seen the willingness of those opposite to blow that dog whistle when it comes to border protection. Whenever someone who is a little bit different comes from overseas, it is easy to turn the spotlight on them and say that it is about fear. The Labor Party have a completely different approach. We believe in hope and the value of workers. In closing, I thank the Minister for Immigration and Citizenship for introducing the bill and commend it to the House.

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