Senate debates

Thursday, 20 September 2012

Questions without Notice

Qantas

2:42 pm

Photo of Kate LundyKate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Hansard source

The government is not aware of any such proposal. Foreign crew working on domestic flights are required to hold a valid temporary work visa, namely a 457 visa. The 457 visa requires that the visa holder be paid the domestic market rate of pay. That is, the standard business sponsors must show that they will provide no less favourable terms and conditions of employment to the foreign worker than they would to an equivalent Australian worker. This protects overseas workers from exploitation and ensures that overseas workers are not used to undercut local employment, conditions and wages. Employers have the obligation to ensure equivalent terms and conditions of employment, and this means that they must pay their workers the market salary rate. This requirement is designed to protect skilled overseas workers from exploitation and it is also designed to ensure that the skilled overseas workers, as I said, are not used to undercut local employment, conditions and wages.

The salary of 457 visa holders must also be above the temporary skilled migration income threshold. This threshold ensures that workers will have enough money to be self-reliant while they are in Australia. Employers must demonstrate that the market salary rate for the position they are seeking to fill is greater than the temporary skilled migration income threshold.

Further, 457 workers also have rights under the worker protection act 2008, which protects workers from exploitation. Under these laws the sponsor must provide the employee with the same terms and conditions as Australian workers performing the same work in the same workplace. There is also another protection under the Fair Work Act and 457 visa holders have rights under the National Employment Standards. These National Employment Standards apply to all employees covered by the national workplace relations system, regardless of the award, agreement or contract of employment that applies to an employee.

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