Brian Mitchell (Lyons, Australian Labor Party) Share this | Hansard source

I move:

That this House:

(1) notes that the:

(a) exploitation of migrant workers on short-term visas in the Australian horticultural sector is an ongoing priority for the Fair Work Ombudsman and is the focus of a recent inquiry by the Joint Standing Committee on Migration; and

(b) COVID-19 pandemic has highlighted the reliance of the Australian horticultural sector on overseas workers, where up to 80 per cent of the harvest workforce comes from overseas on short-term visas;

(2) calls on the Government to:

(a) identify and implement measures that will lead to a sustained improvement in the number of Australians who work in the Australian horticultural sector, including in seasonal work such as fruit-picking;

(b) take immediate action to identify and eliminate exploitation, underpayment and mistreatment of seasonal horticulture workers, particularly migrant workers on short-term visas; and

(c) take immediate action to properly regulate labour hire companies involved in the recruitment and management of migrant workers in Australian horticulture; and

(3) further notes that workforce shortages are now so dire for the current harvest that without urgent action, growers face significant hardship and consumers face higher prices.

We know what the problems are; we've been told what is needed. All we need to do now is act. We've heard the horror stories, and here in my left hand are just some of the press clippings and articles of recent years that detail the level of exploitation, the harassment, the filthy living conditions, the illegal pay and the exorbitant rents. We know what the problems are.

In 2015, the ABC's Four Corners reported on 'the dirty secrets behind Australia's fresh food'. The program centred on modern slavery in the global fresh food supply chain but it also touched on migrant worker exploitation within Australia. In November 2018, the Fair Work Ombudsman found widespread non-compliance along Australia's harvest trail, recovering $1 million in unpaid wages for more than 2½ thousand workers. It took legal action against eight employers for serious alleged breaches of the law, resulting in more than half a million dollars in penalties. The FWO established a stakeholder reference group, which met six times before ending in August this year, but the FWO states it remains committed to improving compliance.

In March 2019, Professor Allan Fels AO and Dr David Cousins AM co-authored the report of the Migrant Workers Taskforce, commissioned by the government following widespread public allegations of migrant worker exploitation, particularly in the retail sector. That report provided 22 recommendations, all of which the government said it supported in principle. Nineteen months later, there has been no movement on those recommendations and no reason has been given for the delay. There are 22 recommendations sitting there waiting to be implemented.

In February this year, the national agricultural workforce committee released a discussion paper ahead of its expected completion of a workforce strategy in July. The release of that final report has also now been delayed till the end of this month—so, there are four days to go before that, too, is late.

In August, the United Workers Union provided a submission to that workforce strategy process. This comprehensive submission includes compelling data that outlines in stark relief some of the issues facing the sector, and who knows how many of the union's recommendations—if any—will be put forward by the report's authors. Importantly, the UWU submission provides practical, realisable recommendations for structural change that will fix labour supply shortages in Australian agriculture. There are too many to mention here.

Just weeks ago, the Joint Standing Committee on Migration released an interim report of its inquiry into the Working Holiday Maker program. It made a number of recommendations, some of which have been immediately implemented by the government.

The purpose of this private members' motion is not to allege that nothing is being done but that what is being done is not enough and that it is being done too slowly. Anyone with a fruit grower in their electorate knows that we face critical labour supply shortages this fruit and vegetable picking season, which is already upon us. In Tasmania, the fruit growers have a Rescue the Season campaign where they are seeking $1.8 million from various governments to provide shuttle services for 1,000 workers over the months of January and February to make sure workers can get on farm. The fruit growers in my electorate and in my state are absolutely desperate. What we know is that up to 80 per cent of Australia's harvest workforce comes from overseas on short-term visas. It's a mix of working holiday-makers, backpackers and seasonal workers from the Pacific. COVID-19 has seen that labour pool dramatically shrink. Ernst & Young told us last month that we are likely to be 26,000 workers short over the next six months. In Tasmania we are facing a 7,000-worker shortage. The result could be devastating, both economically and psychologically, for those involved.

We're faced with two issues. First, we need people on the ground right now. We need them on the fields right now. The season is upon us, and the government needs to do much more to get people on the ground. Second, and just as important, the government needs to make long-term structural changes to the industry, to the sector, so that we can encourage more local workers to get involved. That means better wages, better conditions and more secure work. That's what we need to do to encourage an agriculture system that is fit for purpose for the 21st century.

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