Mark Furner (Queensland, Australian Labor Party) Share this | Hansard source

Having been part of the union movement for 19 years, and a past branch secretary of the National Union of Workers Queensland branch, the introduction of the Work Choices legislation was one of the main reasons I decided to run for the Senate. As a proponent of a fair day’s pay for a fair day’s work, the introduction of these laws made me passionate about helping to get rid of this legislation, which put unnecessary stress on working families. As a union official, I saw firsthand the effects the legislation was having on working families as well as migrant workers.

Equality in the workplace is something I am ardent about. I believe all workers should have access to fair pay—no matter what their background is or where they originate from. Howard’s IR laws provided disparate conditions where it was unlawful to provide equal conditions of employment in workplaces where, in some circumstances, contractors or labour hire staff were working for cheaper rates alongside company employees. At some work sites I was aware of, there were some instances where greater conditions applied in enterprise-bargaining agreements; however, businesses were offering permanently-employed staff redundancies and replacing those staff with labour hire employees who were cheaper to employ. Some of these employees were migrant workers, hired under the 457 visa program, who were doing the same work as other employees but for less pay. As someone who has seen this practice firsthand, it is unacceptable. Every worker, no matter their background, deserves the same pay as the person next to them who is doing the same job. Exploitation of these workers is unacceptable and Howard’s IR laws made this legal.

It is now time to remedy this situation and, to do so, the Rudd government has introduced measures to stop the exploitation of temporary migrant workers by conducting a review of the 457 visa program. I would like to commend in particular the Minister for Immigration and Citizenship, Senator Evans, for his tireless compassion on this worthy campaign. While many employers have been doing the right thing under the 457 visa program, in the 2007-08 financial year 192 sponsors were formally sanctioned and a further 1,353 employers were formally warned. This was substantially more than the previous year, when there were 95 sanctions and 313 formal warnings issued. This government is concerned that migrant workers are being poorly treated and underpaid, and a review of these visas would go some way towards stopping everyday Australian workers from losing their jobs to migrant workers and towards stopping migrant workers from being paid at lower rates.

In order to stop migrant workers from being exploited, on 1 August 2008 the Rudd government introduced, for the first time in two years, increased minimum salary levels for subclass 457 visa holders. This has applied to existing visa holders. The government has ordered a review by Industrial Relations Commissioner Barbara Deegan to review the integrity of the program and recommend measures to better protect our migrant workers.

The Rudd government has also introduced the Migration Legislation Amendment (Worker Protection) Bill 2008, which has expanded powers to monitor and investigate possible noncompliance by sponsors. It has introduced penalties for employers found in breach of their obligations, improved information sharing to allow immigration officials to check the tax records of employers and employees to ensure they are paying the correct wages, and better defined sponsorship obligations for employers and other sponsors.

Two weeks ago the Visa subclass 457 integrity review report, conducted by Barbara Deegan, was released with recommendations referred to the Skilled Migration Consultative Panel. These recommendations are: to abolish the minimum salary level in favour of market rates of pay for all 457 visa holders earning less than $100,000, to develop an accreditation system or risk matrix to ensure rapid processing of low-risk visa applications so employers can meet skills needs quickly, to develop new lists setting out the skilled occupations for which temporary work visas can be granted, and to limit visa holders to a stay of no longer than eight years in Australia, while providing a pathway to permanent residency for those who have required language skills.

The union movement has been concerned with the 457 visa program. In a submission to the third issues paper of the integrity review, the Australian Council of Trade Unions stated that the conditions within the 457 visa did not adequately safeguard against employers who wanted to use the Temporary Business (Long Stay) visas to avoid investing in training or to reduce rates of pay or conditions. The submission stated that they believed that employers should use only 457 visas in instances where they could not find a local worker to fill a position. They also believe the 457 visa program does not protect migrant workers from exploitation and abuse.

An example of abuse under the 457 visa program includes having migrant workers who may not have a grasp of the English language and do not have an understanding of what their rights are in respect to working longer hours and sometimes in dangerous conditions. This to me, as an advocate for a fair day’s pay for a fair day’s work, is unacceptable. Migrant workers have also been faced with life-threatening situations, and some have lost their lives. However, because their situation of being in Australia is dependent on their employment, some have been afraid to speak out about these atrocities.

In September 2006, ACTU President, Sharan Burrow, spoke about the plight of Filipino chefs who were treated unfairly under the 457 visa program in 2005. Approximately 30 Filipino chefs and cooks were recruited and charged 100,000 pesos, or A$2,500, each to secure their jobs in Australia. They flew into Sydney and then, unknown to them, they were brought to the nation’s capital. Here, they were ‘sold’ to various restaurants. One of the workers made a complaint to the Department of Immigration and Multicultural Affairs about his pay and work conditions.

Another victim of exploitation under a 457 visa was Miriam Nhliziyo. The Zimbabwean registered nurse arrived in Sydney and was given just 10 minutes to sign her employment contract, otherwise she and her family would not have been allowed to continue on to Melbourne, where she was to work under a 457 visa. Another man, a migrant from India, had to shell out $12,000 to a recruitment agent to get a job under a 457 visa but was sacked because he did not sign an Australian workplace agreement. I have also read of instances where people have been given limited access to sick leave, been dismissed for being pregnant or sick, been dismissed for looking after an ill family member, been sexually harassed or been overcharged rent.

The subclass 457 visa program has grown dramatically over the last four years in response to the current skills crisis across many sectors. It is important that we overhaul this 457 visa program so that migrant workers are treated with the same respect as Australian workers. Equal pay for migrant workers is a positive and equitable move by the government to fix this area of disparity.