Nick Xenophon (SA, Nick Xenophon Team) Share this | Hansard source

Thanks for that clarification. I guess one aspect of this is how 'unreasonable' would be determined, because there is an element of subjectivity. Senator Cameron gave an example that involved toll roads—and I get that. But what happens if the job is in Sydney, the applicant is in another state, the prospective employer says the interview can be done on Skype, the prospective employee is willing to travel to Sydney at their own expense and the employer says they would like them to come over but will not cover their expenses? Does that get into the realm of 'unreasonableness'? I'm not trying to be difficult. I think I understand what Senator Cameron is trying to achieve here, but I want to understand the circumstance in which it would work.

The legislation committee inquiry into this bill did hear evidence of one franchisee who was apparently offered a working visa and a job on the condition of the payment of $150,000. Now, that was a prospective employee, but I don't think there would be any question that that would be not just an unreasonable demand but an outrageous demand that ought to be the subject of heavy penalties and sanctions. I'm trying to understand how this would be delineated. Time permitting, could the minister clarify why we wouldn't want to cover those situations where someone is saying they'll give you a job and a visa to stay here, but they want a kickback. That would clearly be outrageous, and I don't think anyone in this chamber would countenance that.