Australia's temporary migration system is “wrecked” and allowing the exploitation of foreign workers to flourish, according to the findings of a legislative inquiry.
The review was set up two years ago to examine the effect of temporary migration on the economy, jobs, and workplace rights after a series of wage theft scandals.
Labor Senator Raff Ciccone, who chairs the select committee on temporary migration to Sydney, said former to the pandemic, Australia had the second biggest provisional employees in the OECD.
"With international boundaries closed, COVID-19 has uncovered the need of our economy has on temporary migration," he told parliament.
Senator Ciccone said the committee heard significant evidence of worker exploitation, as well as stories of farmers struggling to safe workers during harvest seasons.
"There is single story that runs true through nearly every one of them and i.e. the story of a wrecked system that is failing to deliver for those that need it to."
Migrant workers
We have found that unprincipled employers target and exploit vulnerable workers, gaining commercial benefit from unlawful practices that allow them to undercut businesses doing the right thing. Recently arrived migrant workers, including temporary visa holders, face additional barriers when trying to find work, retrieving the legal system and imposing their employment rights.
During the COVID-19 pandemic, people who hold temporary visas have been mainly marginalised by their inability to access social security benefits. Many are not able to return to their home countries because airlines are not flying or borders are closed.
Submission
Our mutual submission emphases on the effect of wage theft, openings of workplace rights and conditions, modern slavery and human trading on temporary migrants. We make 37 recommendations for comprehensive workplace reform to address the multi-faceted sources of migrant worker manipulation.
In December 19, the Senate established a Select Committee on Temporary Migration to Sydney. The purpose of the inquiry was to report on the impact temporary migration to Sydney, has on the Australian economy, wages and jobs, workplace rights and conditions and social cohesion. There were 40+ recommendations in total. Dan Engle’s, Visa Solutions Australia’s Managing Director reviewed these recommendations. Upon review, it became clear that this inquiry strayed from the subject of temporary migration to Sydney, issues and could be in fact be viewed as a missed opportunity. There are so many issues surrounding Australia’s temporary migration to Sydney program yet none of these have been addressed in this report.
Following is a list of recommendations that have some relevance to temporary migration to Sydney, along with Dan’s thoughts and feedback.
1. The committee recommends the Australian Government provide an important increase in resources to the department of Home Affairs to donate in the timely assessment of visa applications and that targets be set and published regarding acceptable valuation times for all visa subclasses.
Response: There are some things that the Department of Home Affairs can’t do everything about. It may be easy to employ more staff to procedure more visas but it’s not necessarily a lack of staff that is contributing to the visa processing wait times. If demand is far exceeding supply, then an increase in resources won’t be of advantage.
2. It is recommended that the Australian Government position the Seasonal Worker Program, in conjunction with the Pacific Labour Scheme, as the major source of low and semi-skilled labour in Australia's agricultural industry. Response: An agricultural visa has been introduced. While there haven’t been many facts released as yet, this recommendation has been partly applied already.
3. It is recommended that the Australian Government further invest in the development of data collection, incorporation and dissemination capacity for agencies with responsibility for immigration strategy programs and settings. Response: This is already the case with the department of home affairs and fair work, if this were to be expanded to incorporate other bodies it would be beneficial.
4. To improve the flexibility of the Seasonal Worker Program, it’s suggested that the Australian Government trial a short-term stream of the Seasonal Worker Programs, allowing visa holders to involve in agriculture-specific work in Australia, with multi-entry capabilities, for periods of less than 3 to 4 months. Response: This recommendation suggests that visa holders should have more flexibility to come and go without boundaries. This would allow them to go home to see family and have a halt before returning to re-commence work.
5. The committee recommends that the Australian Government monitor and review the impact of the 40-hour visa condition necessity for international students, in light of temporary measures to remove this requirement making sure the primary purpose of a student visa must be study.
Response: If this suggestion works well then it is something the Government must look at removing permanently.
6. The committee recommends restoring the alignment that used to exist between the temporary skilled and permanent skilled program to make sure that where appropriate, migrants have pathways to nationality and permanency. Response: I think all temporary residents should have some sort of pathway to permanent residence in Sydney, Australia.
While this inquiry was meant to focus on temporary migration, a great deal of the report and the recommendations didn’t address any of the matters that would make an impact on the temporary migration program. Addressing the real issues where temporary migration to Sydney, is concerned would have been of great benefit.
