Helen Polley (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

My question is to Senator Ellison, the Minister representing the Minister for Immigration and Citizenship. Is the minister aware that under the 457 visa program employers are not under any obligation to offer positions to Australian workers before employing a foreign worker? Doesn’t this mean that employers can look overseas for cheap temporary workers to fill any of the hundreds of occupations that the government classifies as skilled, even when there are Australians available to do the job? Doesn’t this show that the 457 visa scheme is no longer purely about filling skills shortages but also about opening up a source of cheap labour? Can the minister now indicate if the government will act on the Joint Standing Committee on Migration’s recommendation and trial labour market testing to stop the 457 visa scheme from being used as a backdoor way of cutting Australian wages and conditions?

Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

The government is considering the joint standing committee’s report, which was referred to in the question. The government has taken a number of steps to strengthen the 457 program and, as a result, this has improved the integrity of the program and delivers on what it was intended to do—that is, fill a skills gap that is present in the community. The minister has announced that he is writing to all 457 sponsors requesting that they distribute to overseas workers a frequently asked questions information sheet that provides visa holders with information about their rights and obligations as a subclass 457 visa holder. An independent audit of the Northern Territory government regional certifying body has commenced. The audit will assess certification process used by regional certifying bodies and provide an opportunity to further examine the case of a recent 457 visa holder death in the Northern Territory. This will be the first of a number of audits and will inform a broader regional certifying body review.

As well as that, the minister has announced a fast-track regime, which was introduced to help sponsors to do the right thing and to get the skills they need more quickly. He has also entered into a MOU with China to help address the charging of excessive fees by some recruitment agencies in China. I understand that these are concerns that have been raised in relation to 457 visa holders and those associated with them. As well as that—and this also relates to the joint standing committee—all subclass 457 visa applicants, including doctors, must be assessed against the character provisions of the Migration Act. That will include an assessment of checking the visa applicant against the department’s movement alert system and there will be a requirement for a character declaration.

The purpose of the 457 visa class is to provide skills to fill a skills gap. The government recognises that a small minority of employers have sought to abuse the program, and the bill that was introduced into the parliament this year targets that small minority. The bill contains greater investigative powers for the department and a greater range of sanctions, including civil penalties, that can be imposed on employers who abuse the program. As well as that, the department is looking to use existing sanctions to punish employers for past conduct in addition to restricting their future conduct. Thus, what we have is a regime that is being enforced. The report has been considered and steps have been taken to strengthen the integrity of the program. It is not a program that is designed for cheap labour; it is a program designed to fill a skills gap in the community. We are intent that it be administered properly and that it achieve the purpose that was intended.

Helen Polley (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question—and I thank the minister for attempting to answer the question! Is the minister aware that the committee also found that a more effective compliance regime is the key to ensuring that 457 visas are not used to undercut Australian jobs, wages and conditions? Will the government act to strengthen the compliance arrangements of the 457 visa? Isn’t that the best way of ensuring that temporary foreign workers are not exploited by unscrupulous employers?

Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

As I said, a bill was introduced into the parliament in June and part of that was to strengthen the capacity to address noncompliance. The bill establishes a civil penalty regime as well as fines. As well as that, the Department of Immigration and Citizenship and other Commonwealth agencies will have greater powers to share information to ensure that there is compliance.