Senate debates

Tuesday, 29 November 2016

Bills

Building and Construction Industry (Improving Productivity) Bill 2013, Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013; In Committee

8:28 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

The Australian government's policy is that Australians are first priority for jobs. Where there is an Australian who is ready, willing and able to undertake the particular job, an employer should look to that person first. But in relation to the amendment that has been put forward—and the government will not be supporting the amendment—there are already substantial protections for Australian workers under the standard Temporary Work (Skilled) (subclass 457) program, which includes a number of sponsorship obligations for employers. Also, Australian employers must formally attest that they have also employed local labour and have not engaged in discriminatory recruitment practices. Senators will be aware that these obligations are monitored by the Department of Immigration and Border Protection.

Visa holders must be engaged in accordance with workplace law and must show that they have the skills and experience relevant to the occupation. Visa holders also have to hold all relevant licences and certificates to work in an occupation. The current rules on labour market testing were put in place by the previous Labor government. Under new regulations introduced in November 2015, companies seeking to sponsor subclass 457 visa holders under a work agreement need to demonstrate that they have made recent and genuine efforts to recruit local workers first. To summarise, there are already strong protections in place and they are appropriately regulated by the Department of Immigration and Border Protection within the Migration Act framework.

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