Amanda Vanstone (SA, Liberal Party, Minister for Immigration and Multicultural Affairs) Share this | Hansard source

On 28 July of this year, the department issued the Hunan industrial company with a notice of intention to sanction on a number of grounds, including failing to pay the minium salary level, comply with other immigration laws, comply with workplace relations laws, ensure necessary licensing of workers, notify Immigration of relevant changes of circumstances and deduct tax instalments. A response was received from the Hunan company late on 4 September, and my department is still assessing the claims of that company.

You may or may not be aware, Senator, that in relation to ABC Tissues there are three companies involved: ABC Tissues, a Chinese company and an Italian company. I am therefore giving you this answer because I think it relates to the ABC issue generally, but those remarks obviously relate to the Hunan workers. Depending on the findings of the department, we will decide what sanctions will be applied. That might include barring Hunan from any further participation in the 457 program for a considerable period. If that happens, we will contact the visa holders and determine what their options might be.

On 16 August, some months after the matters I have just referred to, my department sent a notice of intention to sanction to ABC Tissues on the grounds that two 457 workers were not carrying out the duties of the nominated positions. Their response was received on 1 September, and that is being reviewed by the department. Referrals on these matters have also been made to a number of agencies, including WorkCover, OWS and the tax office. These agencies have the authority to sanction within the terms of their own legislation, but it is relevant and that is why they have been notified. Subject to the determinations of these agencies, my department might take further action as appropriate.

As a matter of interest, I am advised that WorkCover has conducted approximately 15 visits to the sites since January 2006 and about seven of those have been since June 2006. WorkCover has issued nine improvement notices and one notice in relation to workers compensation. Work ceased at the site in mid-August but recommenced on 4 September. WorkCover visited the site on the same day and was satisfied that it was then compliant. As WorkCover is the responsible agency with regard to OH&S legislation in New South Wales, the above advice from them suggests that they are managing the issue responsibly.