I am pleased to support the Migration Legislation Amendment (worker protection) Bill 2008 This legislation is designed to introduce a new framework for the sponsorship of non citizens seeking entry to Australia.

The legislation is a timely and necessary response to the problems associated with the operation of the 457 visa program.

The government is determined to strengthen the integrity of the program and to ensure that workers who come to Australia to assist this nation build for the future are treated with fairness, dignity, and equity. This will be achieved through four main measures:

• Providing the structure for better defined sponsorship obligations on employers and other sponsors;
• Improving information sharing across all levels of government;
• Expanded powers to monitor and investigated possible non-compliance by sponsors; and
• The introduction of meaningful penalties for sponsors found in breach of their obligations.

The use of temporary visas, particularly 457 visas, has increased dramatically over the last few years.

This increase is a direct result of the Howard government’s failure to develop a strategic approach to building the skill base of Australia.

Widespread skill shortages have been an impediment to the improved productive performance of this nation and are a clear example of the failed economic policies of the previous government.

The government is determined to build a sophisticated national skill development programme and reduce reliance on temporary overseas labour to build the nation.

This is why we are investing $19.3 billion in education and training.

This $19.3 billion commitment is an investment in Australia’s future.

We will invest $1.9 billion over five years to fund up to 650,000 new training places.

These training places will be the engine that drives personal skill development and lifelong career progression.

While the government’s policy will increase the skill base of our country, significant progress on reducing skill shortages will take time.

This means Australian industry will continue to seek access to the 457 Visa systems.

Given the global economic crisis and the inevitability of Australia being caught up in the worldwide economic downturn there is a high probability that the future use of 457 visas will decline.

Nevertheless, the need to treat all workers in a fair, dignified and acceptable manner is fundamental to the governments approach in this legislation.

Contributions in this debate from the opposition point to a minority of companies being engaged in unacceptable conduct towards 457 Visa holders.

It seemed to me that the plight of migrant workers was being reduced to a statistical analysis.

This is unacceptable to the government.

It is illuminating when you analyse the statistics used by the opposition to defend the 457 visa system.

Senator Fierravanti-Wells argues that only 1.67% of sponsors were found to have breached their sponsorship obligations.

Given that Senator Fierravanti-Wells also points to the fact that nearly 19,000 employers use 457 visas then approximately 317 employers are breaching their obligations.

In my view, this understates the problem as many workers are fearful of reporting breaches due to intimidation from employers.

317 could be the tip of the iceberg.

Even on the opposition `s own figures thousands of workers are being exploited.

If one migrant worker is exploited then that is one worker too many.

If one migrant worker is killed or injured as a result of employer exploitation then that is one worker too many.

If one migrant worker is denied equal pay for work of equal value then that is one worker too many.

If one migrant worker is intimidated then that is one worker too many.

If one migrant worker believes Australia is a bad place to work then that is one worker too many.

I note the opposition claim that the union campaign of opposition to 457 visas had been over sensationalised by the media.

Far be it from me to defend the media however it is fare and reasonable and in the national interest to report the death, injury, exploitation, and intimidation of any worker including migrant workers.

I have had personal experience attempting to assist 457 visa workers who have been outrageously exploited.

The problems with the system have also been documented by the Victorian Magistrates Court, the Victorian Workplace Rights Advocate, and the Australian Human Rights Commission.

The Visa Subclass 457 Integrity Review conducted by the industrial relations expert Barbara Deegan also raised major issues with the programme.

The Australian human rights commission documented numerous examples of the exploitation of workers on subclass 457 visas. Issues raised by people making complaints include:

• Not being paid overtime
• Working longer hours or days than non-Visa employees
• Limited access to sick leave and dismissal if the Visa holder takes sick leave
• Dismissal because the Visa holder was pregnant
• Dismissal for taking leave to care for a sick spouse or child
• Overcharges on rent or other expenses organised by the employer
• Sexual harassment

Despite the predictable opposition by the Australian Chamber of Commerce and Industry to the changes in this legislation, other employer groups such as the Motor Traders Association of Australia noted their “in principle support to strengthen the integrity of the subclass 457 Visa procedures, while ensuring smooth access by employers” they go on to support “the principles of fairness that underpin the subclass 457 Visa regime”

The Queensland government stated that “the support of the Queensland government for the 457 Visa programme is contingent upon a clear understanding that it does not undermine Australian employment opportunities, wages or working conditions”

The Minerals Council of Australia “strongly support the need for the system to be operated with integrity so that all parties have confidence that Australia remains internationally competitive in facilitating Labour movement whilst at the same time safeguarding employment and training opportunities for Australian workers and protecting overseas workers from exploitation”

The New South Wales government “supports the Australian government’s efforts to reform the employer sponsored temporary migration program. These reforms should ensure the program is flexible and responsive to the needs of Australian employers, while respecting the rights and dignity of employer- sponsored migrants and ensuring transparency, accountability and integrity in the administration of the program”

The Deegan report has formulated a range of recommendations (67 in all) that go to the problems with the 457 visa system and proposed resolution to the problems.

The government has referred the report to the Skilled Migration Consultative Panel which comprises representatives from business and industry groups, state government and unions.

The panel will provide feedback and advise the government on the report, which includes recommendations to:

• Abolish the minimum salary level in favour of market rates of pay for all temporary visa holders on salaries less than $100,000
• Develop and accreditation system risk matrix to ensure rapid processing of low risk visa applications so employers can meet skills needs quickly
• Develop new lists, setting out the skilled occupations for which temporary work visas can be granted
• Limit Visa holders to stay no longer than eight years in Australia (i.e. two four-year visas or four two-year visas) while providing a pathway to permanent residency for those who have the required language skills.

The Minister for immigration and citizenship, Senator Chris Evans has said that the recommendations and the views of the consultant of panel will inform the development of the government’s reforms to the temporary skilled migration program as part of the 2009 budget.

In the meantime this amendment will:

• Lead to effective and efficient identification of non compliance through expanded investigative powers.
• Discourage inappropriate use of the temporary skilled visas program;
• Provide an effective price signal to encourage the hiring and training of Australian citizens and permanent residents and, most importantly;
• Protect overseas workers from exploitation;

The legislation strikes an appropriate balance between:

• facilitating the entry of overseas workers to meet genuine skill shortages;
• Preserving the integrity of the Australian labour market, and:
• Protecting overseas workers from exploitation.

I commend the bill to the chamber