Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

My question is to Senator Vanstone, the Minister for Immigration and Multicultural Affairs: can the minister confirm that ABC Tissues has been found to be in breach of immigration, industrial, workplace safety and taxation laws in its employment of temporary foreign workers? Can the minister confirm that her department investigated this company in August 2005 and found breaches under the Migration Act? In response to concerns I raised directly with her in June this year, didn’t the minister say that her department was investigating the company again? How is it possible that ABC Tissues were able to continue to exploit 457 visas and breach a raft of other laws after two investigations by the minister’s department in less than one year? Can the minister now release the department’s reports on its investigations into ABC Tissues and explain why in over a year the exploitation of workers on 457 visas by this company has not stopped?

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

Although I do not accept and agree necessarily with the assertions Senator Marshall puts in his question, which is a common practice these days, there are a number of things I can help the senator with—

Kim Carr (Victoria, Australian Labor Party, Shadow Minister for Housing and Urban Development) Share this | Link to this | Hansard source

Do you not agree?

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

Senator, you have not asked the question and, if you can manage to button up, I will give the good senator who did ask the question an answer.

Kim Carr (Victoria, Australian Labor Party, Shadow Minister for Housing and Urban Development) Share this | Link to this | Hansard source

Senator Carr interjecting—

Paul Calvert (President) Share this | Link to this | Hansard source

Minister, ignore the interjections and address your remarks through the chair—and, Senator Carr, come to order.

Amanda Vanstone (SA, Liberal Party, Minister for Immigration and Multicultural Affairs) Share this | Link to 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.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Given the minister has acknowledged that the department is considering sanctions against the companies involved, and has in fact notified them that other actions may be considered, can the minister tell me how many 457 visas have been issued to workers for work at these companies since concerns were first raised with either the minister or her department, and can the minister confirm the claim by the company that it has recently had a further twenty-one 457 visas approved? Will those visas now be reviewed in light of the breaches that have occurred and that she has admitted to?

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

I cannot give you information that relates to from the date of any notification, but I can give you some information in relation to both of those companies. To 5 September 2006, in relation to ABC Tissues, there were 12 visas granted. There were 10 visa holders on-shore and none of those visas had been cancelled. On 18 August sponsorship was approved for a further 12 nominations in relation to ABC Tissues. Of these, only one nomination has been lodged, and was approved on the same day, for the position of plant manager. The related visa application for this nomination is still pending. No visas will be granted until a notice of intention to cancel is finalised.

In relation to the Hunan Industrial Equipment Installation company, what is happening here is that a new plant is being built. As I understand it, the plant is Italian and its Chinese workers are putting it together. (Time expired)