Jo Lindgren (Queensland, Liberal Party) Share this | Link to this | Hansard source

My question is to the Assistant Minister for Immigration and Border Protection, Senator Cash. Can the minister correct misleading claims about the labour market testing provisions applicable to the China-Australia Free Trade Agreement? How do these labour market testing provisions compare with free trade agreements signed by the previous government?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I thank Senator Lindgren for her question. I can inform the Senate about the incorrect and misleading claims in relation to labour market testing and the China-Australia Free Trade Agreement. The China-Australia Free Trade Agreement, as those of us on this side and certainly the majority of Australians know, will not remove any requirement to hire Australian workers first. Australian workers need to know that there is a wilful and dishonest campaign of deceit being run by the militant union movement, and in particular by the CFMEU, that is totally endorsed by the Australian Labor Party. In fact, I have before me—

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I raise a point of order. The minister is misleading the Senate. Chapter 10 of the agreement removes labour market testing.

Stephen Parry (President) Share this | Link to this | Hansard source

There is no point of order. You are debating the issue.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Senator Wong, considering that you used to work for the CFMEU, I am not surprised that you stand up here and defend them, given that, I assume, you also received the parliamentary briefing to members of the Australian Labor Party—

Stephen Parry (President) Share this | Link to this | Hansard source

That is disorderly, Minister.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

from the CFMEU, on—goodness gracious!—why the China-Australia FTA is basically not a great FTA. Well done! Here are your talking points, from the CFMEU to members of the parliamentary—

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr President, I raise a point of order. I am concerned about the minister behaving in a disorderly way. You drew it to her attention, but she just kept on going, waving the piece of paper around. If that is the way it is, I will keep jumping up every time she does it.

Stephen Parry (President) Share this | Link to this | Hansard source

Thank you, Senator Moore. All senators know that they cannot use props in relation to their answers or in relation to any aspect of debate.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

As I said, under IFAs Australian workers will continue to be given first priority and first opportunity for any jobs. I say to Australians, if this ChAFTA does not go through there will be no jobs. That is what those on the other side do not seem to understand. We on this side understand that when you sign free trade agreements you create job opportunities for Australians. That is what we on this side of the chamber are all about. The stance of those on the other side is made all the more hypocritical given that the labour market testing provisions in the chapter are identical to those in other free trade agreements signed by those on the other side, including the free trade agreement signed with Chile. (Time expired)

Jo Lindgren (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister correct misleading claims that the China-Australia Free Trade Agreement allows for foreign workers to undercut Australian workers?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I absolutely can. In correcting the misinformation I am only too happy to be joining Labor luminaries such as former Prime Minister Bob Hawke, former trade minister Simon Crean and the Labor premiers in Australia. The list goes on and on. I can confirm that, under IFAs, companies will not be able to pay lower pages to foreign workers. The project agreement program makes it very, very clear that all overseas employees under a project labour agreement must be employed under terms and conditions that are no less favourable to the employer's Australian workforce.

The IFA MOU also states clearly that Chinese workers must be engaged in accordance with Australian law and regulations, including applicable Australia workplace law, work safety law and relevant Australian licensing regulations and certification standards. These requirements are not subject to negotiation.

Jo Lindgren (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Will the minister advise the Senate how other provisions contained within the China-Australia free trade agreement compare to free trade agreements signed by the previous governments?

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

ChAFTA is just like the trade agreements that have come before it, including those signed by senators opposite. This includes the Chilean agreement and the Thai free trade agreement, for example. In terms of the agreements that were signed by Labor, they also included movement of natural person provisions to facilitate the entry of trade related roles, such as senior executives of companies and personnel required to service specialised equipment purchased from overseas. The provisions within the ChAFTA, in this regard, are the same.

However, there is one point of difference that those on the other side may wish to know about. In respect of the ChAFTA, it is that Australia has agreed to the investment facilitation agreements for companies to encourage large-scale investment in Australia. The provision under which workers will enter Australia under an IFA is consistent with Labor's own enterprise migration agreements policy. In fact, it is arguably stronger, as we have made sure that labour market testing under the IFA will be absolutely mandatory. (Time expired)