Janet Rice (Victoria, Australian Greens) Share this | Hansard source

I, and also on behalf of Senators Lambie and Cameron, move:

That the Instrument as contained in the Specification of Income Threshold and Annual Earnings 2015 and made under the Migration Act 1958 and the Migration Regulations 1994, be disallowed [F2015L00569].

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

I rise today to speak in support of this motion to disallow the instrument as contained in the Specification of Income Threshold and Annual Earnings 2015 and made under the Migration Act 1958 and the Migration Regulations 1994. This disallowance would have the effect of disallowing this motion, which would lower the market salary rate assessment exemption for 457 visas to $180,000. The purpose of the temporary work skilled subclass 457 visa program is to allow employers to fill short- to medium-term skill shortages by recruiting qualified workers from outside of Australia when they cannot find same-skilled workers locally.

I understand that midway through 2012 the relevant department identified that the subclass 457 program was growing at a record rate and that a significant component of this growth was in industries and in geographical regions that did not appear to be experiencing skill shortages. And while many employers were using the subclass 457 visa program appropriately, there is a big concern that certain employers in some industries are sourcing their skilled labour needs outside of Australia without first checking the availability of labour locally. While this is not unlawful, these actions completely are not in line with the principles of the subclass 457 program. As a result, there are a number of improvements to the subclass 457 program that were introduced on 1 July 2013, which was supported by the Australian Greens. These improvements were designed to ensure that the intent of the subclass 457 program was respected by users of that program.

The reforms were designed to improve the integrity of the program without adversely impacting on businesses that are using the program to fill genuine skill shortages. One of these important reforms that was introduced in 2013 was the raising of the market salary rate assessment exemption to $250,000. This ensures that most 457 visa employment is subject to a wage assessment to ensure that workers are not being paid below the going market rate for the job they are applying for. However, the government now, via regulation, is seeking to lower that threshold and therefore remove whole classes of possible 457 visa employment from proper market salary assessment. Some forms of employment—in the shipping industry, for example—will no longer be subject to proper regulation. This change will affect not only people working in the Australian resources industry but many people working as marine engineers, marine officers and masters and in many other key jobs. It will affect over 20 enterprise agreements currently in place that maintain conditions and safety for Australian workers. The Australian Greens think that the regulation of the 457 visa program needs to be tightened, not weakened.

It is absolutely clear on the evidence that is currently being heard by the inquiry into the temporary migration visa system that many things are going on that are undesirable. Recent media reports have shown major problems, abuse and exploitation, which are harming overseas workers and are undermining local workers' wages and conditions.

So, given this context, we believe there is no justification whatsoever for removing whole classes of employment from current levels of scrutiny. We want to disallow the minister's decision to lower the thresholds for market salary rate assessment.