Senate debates

Tuesday, 19 March 2013

Questions without Notice

Migration

2:08 pm

Photo of Trish CrossinTrish Crossin (NT, Australian Labor Party) Share this | | Hansard source

My question today is to the Minister representing the Minister for Immigration and Citizenship, Senator Lundy, but before I ask my question, Mr President, I think I need to draw to the attention of the chamber that it is your birthday today.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

That is completely disorderly, Senator Crossin!

Photo of Trish CrossinTrish Crossin (NT, Australian Labor Party) Share this | | Hansard source

You are lucky enough to share your birthday with my daughter Kate, who turns 19 today—and that is definitely not disorderly. My question to Senator Lundy is: can the minister outline to the Senate how the changes that were announced by the Minister for Immigration and Citizenship yesterday affect the 457 visa system?

2:09 pm

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

The government made it clear, when the Minister for Immigration and Citizenship first announced the changes to the 457 visa system, that we are unapologetic in implementing changes to stop employers rorting the system. We know that unscrupulous practices by employers that are not enforceable under current rules have emerged: for example, the project administrator who is actually scaffolding on a building site. The protection of local workers' pay and conditions is a core Labor value that we have fought for over generations, and these protections apply regardless of your citizenship. We need fair workplaces for all workers irrespective of your passport.

That is why the government further announced that we are seeking to amend legislation to enable inspectors of the Fair Work Ombudsman to investigate whether a subclass 457 visa sponsor is meeting their sponsorship obligations. Currently in the Department of Immigration and Citizenship there are 34 inspectors appointed under the Migration Act to monitor compliance with sponsorship obligations. That is 34 inspectors looking at over 100,000 primary 457 visa holders in Australia at the moment. By enabling Fair Work Ombudsman inspectors to investigate compliance with the subclass 457 sponsorship obligations, we are significantly increasing the number of officers who can investigate sponsors and pursue complaints. This government supports the 457 visa system, but it does not support the integrity of the system being undermined by it becoming the low road to exploitation of workers and the undercutting of wages and conditions. It has an appropriate place where there are legitimate skill shortages and it is used in the way for which it was designed.

2:11 pm

Photo of Trish CrossinTrish Crossin (NT, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a supplementary question. I further ask: will there be any red tape imposed on business or businesses as a result of yesterday's announcement?

2:12 pm

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

We know there are genuine skill shortages in some sectors and in some regions in Australia, and overseas temporary skilled workers are needed to fill those gaps. But we do not and will never support employers exploiting loopholes to undermine the integrity of the 457 visa system. Let me be very clear: employers who use the 457 scheme as it was intended—to fill skill shortages—have nothing to fear from the announcement the government has made. There will be no additional compliance and no additional red tape. But the government is committed to stamping out exploitation of the system by those unscrupulous employers. When the 457 system is exploited all Australians, including permanent residents, migrants and refugees who are seeking work, are the ones that miss out. We are committed to sending a very clear message to those employers. (Time expired)

2:13 pm

Photo of Trish CrossinTrish Crossin (NT, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. Finally, I would like to ask the minister if she is aware of any risks associated with actually implementing these changes.

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

I thank the senator for this question. This government is one that governs on the Labor values of protecting all workers. We need to be persistent as we face an opposition that chooses to campaign on fear rather than on fact. The minister for immigration was presented with clear facts that showed the 457 visa system was being rorted and, as a government, we acted on that evidence. Yesterday we put in place further protections for those on 457 visas to ensure those employers who wish to rort the system are caught. The opposition see the 457 visa system as they have described it: as a mainstay of immigration. This is not what subclass 457 visas were created for. They are not a mainstay of immigration; they are there to fill specific skill shortages for a specific period of time. (Time expired)