Peter Slipper (Fisher, Liberal Party) Share this | Hansard source

I certainly support the legislation before the House, although, unlike the honourable member for Werriwa, I cannot get too worked up about the subject matter. Quite often employers in this country are unable to obtain employees, and, while I certainly do not in any way approve of any breaching of the laws of this country, one has to feel a certain sympathy for those employers who are simply unable to find workers. I do not see this legislation as being the very high priority that the member for Werriwa does. I do not believe that the government ought to be criticised for the fact that it has taken some time to introduce the Migration Amendment (Employer Sanctions) Bill 2006. It is not the most important piece of legislation that has been before the government over the last six years. It is probably timely that it be introduced at this stage, but any criticism directed towards the government because of a tardy approach, in my view, is a criticism which is quite misplaced.

With Australia’s wonderful lifestyle, our solid economy, our relative safety and our world-leading welfare system, it is little wonder that right around the world people seek to enter Australia and become part of our Australian family. In fact, a former Labor immigration minister told me that every year more than a million people knock on the door of Australia, seeking to gain access to our country. I suppose this fact is a wonderful testament to the great nation that we have built, but it also brings with it some problems and challenges.

A specific class of problem is addressed in the bill being discussed here today, the Migration Amendment (Employer Sanctions) Bill 2006, which aims to help resolve the problem of overseas visitors illegally taking up paid employment while here. I know that there is evidence to indicate that in doing so these illegal workers take away jobs from people who are legal residents in Australia and who are legally entitled to work here to earn wages. Many of those illegal workers are probably doing jobs for which there are not people in Australia to perform the roles. However, not to have this legislation would be tantamount to supporting some misuse, abuse or breaking of the immigration and visa laws. It is really important that Australia does have a system of migration with integrity, and that is why this particular legislation needed to be introduced to the House.

People who are overstayers and illegal workers may feel that they are not hurting Australia. The fact that there are allegedly some 46,000 people in this category does mean that the government has a problem which has to be resolved by legislation. People who do not have the right to work in Australia must work to survive. Understandably, many of them work to fund their existence—they have food, clothing and rent costs—but the fact is that they are working in breach of the law of Australia. There is a view that, if they earn money, it is money that has been denied a legal resident. I do not entirely accept that reasoning, because often there is no legal resident available to carry out a particular role. However, that does not condone, or it ought not to be viewed as condoning, any breach of the laws of Australia.

I was very interested—and I might even go so far as to say astounded—to learn the costs of identifying and processing people who are in Australia illegally. It costs $3,712 for the location and deportation of a non-lawful citizen who is found to be working illegally. That amount increases to an average of $13,644 for each illegal worker who is found to have breached work conditions and who is detained and deported. These costs must be paid by the taxpayers of Australia. During the location and identification program throughout 2004 and 2005, some 18,000 illegal workers were identified in Australia. Illegal workers have been an issue in the construction industry; in the service industry, such as cleaning and maintenance; and particularly—and I find this to be a major concern—in the sex industry. This has been a considerable problem and is certainly one area where you would not want people working illegally in Australia. By working outside our legitimate systems, these workers also circumvent the protections afforded to workers by our laws more generally.

The opposition tends to talk about our industrial relations changes as being draconian. I do not see them as being draconian at all. I see them as being moderate and reasonable—in fact, they could have gone further. However, the government took an on-balance approach, and the legislation which we have introduced will be to the long-term benefit of Australia, despite the carping and facile criticisms extended in our direction by members of the Australian Labor Party. In our system, we have laws—and laws, of course, are designed to protect employers and employees—but we need a system with integrity. On occasions, we find that unscrupulous employers have been eager to exploit those who are here illegally and who are unlikely to complain about poor work conditions or wages that do not conform to the minimum standards. While I think the extent of the damage that these people do to the Australian economy is arguable, it would be inappropriate for people to be exploited in any reasonable system.

I think it is sad that people who are so desperate to come to Australia will resort to illegal and occasionally immoral means to get here and stay here; but, as I mentioned earlier, the lure of a nation as great as ours is simply too much to resist for many of those who are not enjoying their lives in their own countries. In one sense, the presence of illegal workers places a burden on our economy, so it is very important to make sure that our system has integrity and that our country and our own people are not disadvantaged.

There is the situation where illegal workers who are employed in jobs that could have been filled by legal residents might force some legitimate workers onto welfare. There is also a view—and I think one that has some credence and validity—that people who are illegally working in Australia operate in the cash economy and, thereby, do not pay their share of income towards tax that Australians or those legally working here would normally do. The employment of illegal workers has further ripple effects through the community. Businesses that operate within the law and offer award wages may not be able to compete on price with rival businesses that operate with reduced overheads by employing illegal workers.

This bill, which addresses the overall problem by affording changes to the Migration Act 1958, will introduce new offences for those employers and business owners who knowingly give a job to an illegal worker. The second reading amendment moved by the shadow minister, who led the opposition debate on this matter, criticises the government for this legislation not going far enough. While offences exist—including the cancellation of visas—for those who come here to illegally participate in work, the act to date has been somewhat inefficient in dealing with people—the employers—whose actions make these illegal acts possible. That has been rectified in this legislation. The opposition claims that, while the bill improves the situation, it simply does not go far enough. I do not agree with the opposition in this matter, and I can confidently predict that the second reading amendment will simply not be carried by the House—but, of course, time will tell in relation to that.

The provisions in the bill will help to deter employers from employing illegal workers and overstayers and will encourage employers to check the details of any prospective employees to ensure that they are allowed to work in Australia. Hopefully, the changes foreshadowed by the bill will make a significant impact by reducing this problem in the future. The bill will also introduce safeguards for those employers who are genuinely unaware that an employee is an illegal overstayer or otherwise not entitled to work. It is important that the government does the best that it can to make sure that the laws of Australia are appropriately observed and that there are necessary sanctions to almost guarantee the observance of Australia’s laws.

The Migration Amendment (Employer Sanctions) Bill 2006, while not the most important bill to be introduced into the parliament by the government, is nonetheless a bill that ought to be passed, and I am very happy to be able to commend it to the House.

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