Education and Employment References Committee

Australian Greens' Additional Comments

1. 
   The Australian Greens consider that the issues raised in this inquiry are of great significance to Australian society and economy. The Inquiry has uncovered disturbing evidence of the level of exploitation of temporary work visa holders, and the impacts that this has on other workers in Australia.
   
2. 
   We believe the committee report is an extremely thorough assessment of the issues raised through the Inquiry process.
   
3. 
   The evidence and case studies that the Inquiry heard included the exploitation of workers employed by 7-Eleven, Baiada, and of workers employed in the construction, engineering, nursing, maritime and aviation industries. These case studies were extremely disturbing and taken together showed the level of exploitation that occurs across Australian workplaces.
   
4. 
   Worker exploitation across these fields included:
   

• 
  underpayment and/or non-payment of entitlements;
  
• 
  unfair dismissal;
  
• 
  discrimination;
  
• 
  unreasonable requests of workers by employers;
  
• 
  work in contravention of visa conditions; and
  
• 
  harassment of workers by employers.
  
1. 
   We concur with the concluding remarks of the inquiry that unless the suite of measures outlined in this report is implemented, the unfettered exploitation of temporary visa workers will continue. This will have serious consequences for the temporary visa workers themselves, and will place further downward pressure on the wages and conditions of local workers.
   

We consider that the recommendations related to the following issues are of considerable importance:

• 
  the need for quality accessible data on employment and visa issues;
  
• 
  the establishment of a Ministerial Advisory Council on Skilled Migration which is independent from government; genuinely tripartite; evidence- based; and transparent and publicly accountable;
  

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• 
  the ability to address exploitation of workers on temporary visas across a very wide range of industries, including retail, nursing, maritime industries, meatworking, engineering, and aviation;
  
• 
  the powers and resources of the Fair Work Ombudsman to investigate and prosecute breaches of employment legislation; and
  
• 
  franchising arrangements.
  

6. 
   Overall we support the recommendations in the committee report, with minor additions and changes.
   

Recommendations

6. 
   Replace Recommendation 2 with:
   

The committee recommends that the Department of Immigration and Border Protection give greater weight to time spent living in Australia in consideration of applications for permanent residency. The Department should conduct a review to consider the evidence in this regard and consider the merits of setting a limit on the period of time after which it would be considered reasonable for a temporary visa holder to qualify for permanent residency.

6. 
   Add Recommendation 9a:
   

That the reconstituted MACSM advise on labour market testing mechanisms to strengthen their efficacy and ensure that local workers still get the first opportunity to apply for jobs and that 457 visa holders are only employed in occupations subject to genuine skills shortages.

6. 
   Replace Recommendation 10 with:
   

The committee recommends that the reconstituted MACSM review the Working Holiday Maker (417 and 462) visa program. The review should include, but not be limited to, an examination of the costs and benefits of the continued operation of the optional second year extension to the visa, the costs and benefits of providing government with the ability to set a cap on the numbers of Working Holiday Maker program visas issued in any given year and whether volunteer work should contribute to eligibility for a second year visa.

6. 
   Replace Recommendation 19 with:
   

The committee recommends that the immigration program be amended to provide adequate bridging arrangements for all temporary visa holders to

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pursue meritorious claims under workplace and occupational health and safety legislation.

6. 
   Replace Recommendation 27 with:
   

The committee recommends that tertiary institutions with students studying on temporary visas develop proactive information campaigns for temporary visa workers around workplace rights.

Senator Janet Rice

APPENDIX 1

Submissions and additional information received by the Committee

Submissions

1. 
   Mr Derek Walter
   
2. 
   Mr Peter Mares
   
3. 
   Associate Professor Joo-Cheong Tham
   
4. 
   Engineers Australia
   
5. 
   Dr Joanna Howe and Associate Professor Alexander Reilly
   
6. 
   Isolated Children's Parents' Association of Australia
   
7. 
   National Tertiary Education Union
   
8. 
   Australian Dairy Industry Council
   
9. 
   Australian Pork
   
10. 
    The Australian Chamber of Commerce and Industry
    
11. 
    Dr Stephen Clibborn
    
12. 
    Electrical Trades Union of Australia
    
13. 
    South Australian Wine Industry Association
    
14. 
    National Farmers' Federation
    
15. 
    Australian Federation of Air Pilots
    
16. 
    The Salvation Army
    
17. 
    Australian Institute of Marine and Power Engineers
    
18. 
    Australian Maritime Officers Union
    
19. 
    United Voice
    
20. 
    Australian Higher Education Industrial Association
    
21. 
    Fragomen
    
22. 
    Maritime Union of Australia
    
23. 
    Dr Chris Wright and Dr Andreea Constantin
    
24. 
    Ernst and Young
    
25. 
    Eventus Immigration
    
26. 
    Business Council of Australia
    

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27. 
    Migration Council Australia
    
28. 
    Ausfilm
    
29. 
    Justice and International Mission Unit, Synod of Victoria and Tasmania, Uniting Church in Australia
    
30. 
    Consult Australia
    
31. 
    Australian Labour Party, Castlemaine Branch
    
32. 
    Construction, Forestry, Mining and Energy Union - National Branch
    
33. 
    AI Group
    
34. 
    Australian Mines and Metal Association
    
35. 
    Unions NSW
    
36. 
    JobWatch Inc
    
37. 
    Australian Nursing and Midwifery Federation
    
38. 
    Confidential
    
39. 
    Department of Business, Northern Territory Government
    
40. 
    Migration Institute of Australia
    
41. 
    Australian Government joint submission
    
42. 
    Ms Elsa Underhill PhD
    
43. 
    Human Rights Council of Australia
    
44. 
    The Australian Workers Union
    
45. 
    Ms Lisa Chesters MP
    
46. 
    Mr Joji Abraham
    
47. 
    UnionsWA
    
48. 
    ACTU
    
49. 
    Law Council of Australia
    
50. 
    Screen Producers Australia
    
51. 
    Bowen Gumlu Growers
    
52. 
    Australasian Meat Industry Employees' Union - Queensland Branch
    
53. 
    Growcom
    
54. 
    Confidential
    
55. 
    Murray Free Range
    
56. 
    Windridge Farms
    
57. 
    Baiada
    
58. 
    Shop, Distributive & Allied Employees' Association
    

59. 
    Mr Mohammed Rashid Ullat Thodi and Mr Pranay Alawala
    
60. 
    Mr Michael Fraser
    
61. 
    Mr Stewart Levitt, Levitt Robinson Solicitors
    
62. 
    Dr Tess Hardy
    
63. 
    Franchise Council of Australia
    
64. 
    United WHY
    

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Additional information

1. 
   Letter provided by Woolworths Limited following Melbourne public hearing 18 May 2015
   
2. 
   Howe, 2013, 'Is the net cast too wide? An assessment of whether the regulatory design of the 457 visa meets Australia's skill needs', Federal Law Review
   
3. 
   Howe, 2014, 'Does Australia need an expert commission to assist with managing its labour migration program?', Australian Journal of Labour Law
   
4. 
   Letter provided by Department of Immigration and Border Protection following Canberra public hearing, 17 July 2015
   
5. 
   Letter provided by Mr Russell Withers following Melbourne public hearing, 24 September 2015 (see Hansard page 52 - 53)
   
6. 
   Submission to the Productivity Commission Inquiry into the Workplace Relations Framework provided by the Salvation Army
   
7. 
   Additional information from Willing Workers on Organic Farms (WWOOF), 'Issues Paper', provided at public hearing Melbourne, 20 November 2015
   
8. 
   Additional information from Willing Workers on Organic Farms (WWOOF), Letter to Minister for Immigration and Border Protection, provided at public hearing Melbourne, 20 November 2015
   
9. 
   Additional information from the Franchise Council of Australia, provided following public hearing Melbourne, 20 November 2015
   

Answers to Questions taken on Notice

1. 
   Answers to questions on notice at public hearing Melbourne, 18 May 2015
   
   • 
     Woolworths
     
   • 
     National Union of Workers
     
   • 
     Fair Work Ombudsman
     
2. 
   Answers to questions on notice at public hearing Brisbane, 12 June 2015
   
   • 
     Queensland Council of Unions
     
   • 
     Australasian Meat Industry Employees Union
     

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3. 
   Answer to questions on notice at public hearing Melbourne, 19 June 2015
   
   • 
     Australian Pork
     
   • 
     Australian Nurses and Midwifery Federation
     
   • 
     Electrical Trades Union
     
   • 
     Hazeldenes
     
4. 
   Answers to questions on notice at public hearing Sydney, 26 June 2015
   
   • 
     Australian Council of Trades Unions
     
   • 
     Australasian Meat Industry Employees Union
     
   • 
     National Farmers Federation
     
5. 
   Answers to questions on notice at public hearing Perth, 10 July 2015
   
   • 
     Australian Catholic Religious Against Trafficking in Humans
     
   • 
     Employment Law Centre of Western Australia
     
6. 
   Answers to questions on notice a public hearing Adelaide, 14 July 2015
   
   • 
     South Australian Wine Industry Association
     
   • 
     Coles
     
   • 
     Fair Work Ombudsman
     
7. 
   Answers to questions on notice at public hearing Canberra, 17 July 2015
   
   • 
     Migration Council of Australia
     
   • 
     Department of Immigration and Border Protection
     
   • 
     Department of Employment
     
8. 
   Answers to questions on notice to the Maritime Union of Australia, received 6 August 2015
   
   • 
     Maritime Union of Australia
     
9. 
   Answers to written questions on notice from Senator McKenzie to all unions that attended public hearings
   
10. 
    Answers to written questions on notice from Senator Lines to the ACTU
    
11. 
    Answers to written questions on notice from Senator Lines to the AMIEU
    
12. 
    Answers to written questions on notice from Senator Lines to the Fair Work Ombudsman
    
13. 
    Answers to questions on notice at public hearing Melbourne, 24 September 2015
    
    • 
      Shopkeepers and Distributors and Allied Union
      
    • 
      Dr Tess Hardy
      

• 
  7-Eleven
  
• 
  Fair Work Ombudsman
  

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14. 
    Answers to written questions on notice, following public hearing Melbourne, 24 September 2015
    
    • 
      Department of Immigration and Border Protection
      
    • 
      Minister Birmingham
      
    • 
      Deparment of Education and Training
      
    • 
      Professor Than
      
    • 
      Dr Tess Hardy
      
    • 
      7-Eleven
      
    • 
      Fair Work Ombudsman
      
15. 
    Answers to written questions on notice from Senator Lines to the Australian Competition and Consumer Commission
    
16. 
    Answers to written questions on notice from Senator Lines to the Department of Immigration and Border Protection
    
17. 
    Answers to questions on notice at a public hearing Melbourne, 20 November 2015
    
    • 
      Independent Franchise Review and Staff Claims Panel
      
    • 
      Franchise Council of Australia
      
    • 
      Baida
      
18. 
    Answer to written questions on notice from Senator Lines to Baiada
    
19. 
    Answers to questions taken on notice at a public hearing Canberra, 5 February 2016
    
    • 
      7-Eleven
      
    • 
      Fels Wage Fairness Panel
      
    • 
      Fair Work Ombudsman
      
    • 
      National Farmers' Federation
      

Tabled documents

1. 
   Fair Work Ombudsman, Tabled Document 1, Melbourne public hearing 18 May 2015
   
2. 
   1National Union of Workers, Tabled Document 1, Melbourne public hearing 18 May 2015
   
3. 
   QCU, Tabled Document 1, Brisbane public hearing. 12 June 2015
   
4. 
   AMIEU, Tabled Document 1, Brisbane public hearing 12 June 2015
   

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5. 
   AMIEU, Tabled Document 2, Brisbane public hearing 12 June 2015
   
6. 
   Salvation Army, Tabled Document 1, Improving Protections for Migrant Domestic Workers in Australia, Sydney public hearing 26 June 2015
   
7. 
   National Farmers Federation, Tabled Documents, Sydney public hearing 26 June 2015
   
8. 
   AMIEU, Tabled Document 1, Opening statements for Mr Chun Yat Wong (Sky) and Ms Chiung-Yun Chang (Amy), Sydney pubilc hearing 26 June 2015.
   
9. 
   AMIEU, Tabled Document 2, AWX training document and pay advice, Hansard page 16 -19, Sydney public hearing 26 June 2015
   
10. 
    AMIEU, Tabled Document 3, Voluntary overtime, Hansard pages 17-18, Sydney public hearing 26 June 2015
    
11. 
    AMIEU, Tabled Document 4, Photos of visa workers accommodation, Hansard page 19, Sydney public hearing 26 June 2015
    
12. 
    AMIEU, Tabled Document 5, Reid Meats in Western Sydney training facility, Hansard page 19, Sydney public hearing 26 June 2015
    
13. 
    AMIEU, Tabled Document 6, Petition on working hours indicating the difference in rates and hours for local and visa workers, Sydney public hearing 26 June 2015
    
14. 
    AMIEU, Tabled Document 7, Time and Attendance records - real and fake, Hansard page 22, Sydney public hearing 26 June 2015
    
15. 
    AMIEU, Tabled Document 8, Visa worker cash in hand payslips, Hansard pages 22-23, Sydney public hearing 26 June 2015
    
16. 
    AMIEU, Tabled document 9, Three Chinese language documents offering (1) a seminar of working holiday by Australian labour hire company AWX and Taiwanese labour hire company Interisland (2) advertisement for $18 in Murray Bridge South Australia by Taiwanese company OZGOGO with links to Australian labour hire company Scottwell Internation (3) Package of overseas meatwork arrangement by Interisland and AWX for 417 visa workers. The package requires workers to pay NTD $15000 and AUD$150 for weekly rent, AUD$30 for food and AUD$150 for transportation. Sydney public hearing 26 June 2015
    
17. 
    AMIEU, Tabled document 10, Compulsary body check fee for $275 with receipt from AWX (not the clinic), Sydney public hearing 26 June 2015
    
18. 
    AMIEU, Tabled document 11, Contractor piece rate system in Baiada Beresfield. It shows workers are not paid by the minimum award rate. Sydney public hearing 26 June 2015
    
19. 
    AMIEU, Tabled document 12, Chinese contract issues in Taiwan by Taiwanese labour hire company with links to Australian labour hire company Scottwell International. Key details as follows: i. Main job vacancy: Adelaide Beef factory. Second job vacancy: Sydney Beef factory. ii. Service for job vacancies: 2 iii. Contract fee: NTD $5,000. Oversea fee: NTD $60,000. Total:
    

347

NTD $65,000. iv. Job Bonds: $600 v. Pay rate: $18.10 - $21.70. Over pay rate:

$18.10 - $21.70 vi. Work period: 1 year vii. Pay system: ABN viii. Accommodation: $80 - $100. Bonds 2 weeks. Sydney public hearing 26 June 2015.

20. 
    AMIEU, Tabled document 13, Protection visa claim from a worker at Baiada Beresfield. Sydney public hearing, 26 June 2015
    
21. 
    AMIEU, Tabled document 14, Tabled submission, Sydney public hearing 26 June 2015
    
22. 
    AMIEU, Tabled document 1, SA Report, Adelaide public hearing 14 July 2015
    
23. 
    Fair Work Ombudsman, Tabled Document 1, Opening Statement, Melbourne public hearing 24 September 2015
    
24. 
    Fair Work Ombudsman, Tabled Document 2, Correspondence from the Fair Work Ombudsman to Mr Peter Harris AO, Chairman of the Productivity Commission, Melbourne public hearing 24 September 2015
    
25. 
    Mr Ullat Thodi, Tabled Document 1, Letter from Department of Employment to Mr Ullat Thodi regarding the General Employee Entitlements and Redundancy Scheme (GEERS), (see Hansard page 9), Melbourne public hearing 24 September 2015
    
26. 
    Shop, Distributive and Allied Employees Association, Tabled Document 1, Redacted sample of comments made by 7 Eleven employees when they registered on the SDA’s ‘www.24sevenhelpline.com.au’ (see page 22), Melbourne public hearing 24 September 2015
    
27. 
    Baiada Poultry, Tabled Document 1, Proactive Compliance Deed, Hansard page 33, Melbourne public hearing 20 November 2015