12th Feb 2018, 7:08 PM – Representatives Migration Amendment (Skilling Australians Fund) Bill 2017 - Consideration in Detail - Labour market testing

The majority voted against amendments introduced by Blair MP Shayne Neumann (Labor), which means they failed.

What did the amendments do?

Mr Neumann explained that:

... these amendments are to ensure proper labour market testing is in place. There needs to be real, genuine and strict labour market testing. Labour market testing requires that employers who want to bring in overseas workers test the local labour market first, to give Australians and permanent residents the first chance at local jobs. This is to make sure that, if no suitably and qualified local workers are readily available, we can bring people from overseas with the skill, talent and ability to contribute to our economy. These amendments are all about putting local workers first.

Although the legislation allows the immigration minister to determine by legislative instrument the manner of labour market testing, it doesn't provide that he can follow through on it. The minister may only include the following in the legislative instrument: the language to be used in advertising, the advertising method, the period during or prior to nomination in which the advertisement must occur, and the duration of the advertising. The government's bill asks Australians to trust the immigration minister to do the right thing in this legislative instrument, which is non-disallowable. Many on the opposite benches, including the Prime Minister and the Treasurer, when he was the shadow minister for immigration, have voted again and again in this place against labour market testing. They can't be trusted to do the right and proper thing to protect Australian jobs.

Amendment text

(1) Schedule 1, page 8 (after line 10), after item 14, insert:

14A At the end of subsection 140GBA(4)

Add "The period must not start earlier than 4 months before the nomination is received by the Minister.".

(2) Schedule 1, item 15, page 8 (after line 24), after subsection 140GBA(6), insert:

(6AA) The Minister must not make a determination under subsection (5) unless the Minister is reasonably satisfied that any advertising of the position undertaken in the determined manner:

(a) will be targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens or Australian permanent residents would be likely to be informed about the position; and

(b) will set out any skills or experience requirements that are appropriate to the position.

(6AB) A duration determined for the purposes of paragraph (6)(d) must be at least 4 weeks.