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senate vote 2015-06-16#7
Edited by
mackay staff
on
2019-07-19 13:33:49
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Title
Motions — Disallowance of Instrument- Motions - Disallowance of Instrument
Description
<p class="speaker">Janet Rice</p><p>I, and also on behalf of Senators Lambie and Cameron, move:</p><p class="italic">That the Instrument as contained in the Specification of Income Threshold and Annual Earnings 2015 and made under the <i>Migration Act 1958</i> and the Migration Regulations 1994, be disallowed [F2015L00569].</p>- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2015-06-16.148.2) to stop the [Specification of Income Threshold and Annual Earnings 2015 and made under the Migration Act 1958 and the Migration Regulations 1994](https://www.legislation.gov.au/Details/F2015L00569) from having legal force. In parliamentary jargon, they voted in favour of a motion to disallow the instrument.
- This motion was put into place by Victorian Senator [Janet Rice](https://theyvoteforyou.org.au/people/senate/victoria/janet_rice) (Greens), [who explained that](https://www.openaustralia.org.au/senate/?id=2015-06-16.148.2):
- > *we believe there is no justification whatsoever for removing whole classes of employment from current levels of scrutiny. We want to disallow the minister's decision to lower the thresholds for market salary rate assessment [for 457 visas to $180,000]*
- ### Motion text
- > *That the Instrument as contained in the Specification of Income Threshold and Annual Earnings 2015 and made under the Migration Act 1958 and the Migration Regulations 1994, be disallowed [F2015L00569].*
- >
- > *Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.*
<p class="italic">Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.</p><p>I rise today to speak in support of this motion to disallow the instrument as contained in the Specification of Income Threshold and Annual Earnings 2015 and made under the Migration Act 1958 and the Migration Regulations 1994. This disallowance would have the effect of disallowing this motion, which would lower the market salary rate assessment exemption for 457 visas to $180,000. The purpose of the temporary work skilled subclass 457 visa program is to allow employers to fill short- to medium-term skill shortages by recruiting qualified workers from outside of Australia when they cannot find same-skilled workers locally.</p><p>I understand that midway through 2012 the relevant department identified that the subclass 457 program was growing at a record rate and that a significant component of this growth was in industries and in geographical regions that did not appear to be experiencing skill shortages. And while many employers were using the subclass 457 visa program appropriately, there is a big concern that certain employers in some industries are sourcing their skilled labour needs outside of Australia without first checking the availability of labour locally. While this is not unlawful, these actions completely are not in line with the principles of the subclass 457 program. As a result, there are a number of improvements to the subclass 457 program that were introduced on 1 July 2013, which was supported by the Australian Greens. These improvements were designed to ensure that the intent of the subclass 457 program was respected by users of that program.</p><p>The reforms were designed to improve the integrity of the program without adversely impacting on businesses that are using the program to fill genuine skill shortages. One of these important reforms that was introduced in 2013 was the raising of the market salary rate assessment exemption to $250,000. This ensures that most 457 visa employment is subject to a wage assessment to ensure that workers are not being paid below the going market rate for the job they are applying for. However, the government now, via regulation, is seeking to lower that threshold and therefore remove whole classes of possible 457 visa employment from proper market salary assessment. Some forms of employment—in the shipping industry, for example—will no longer be subject to proper regulation. This change will affect not only people working in the Australian resources industry but many people working as marine engineers, marine officers and masters and in many other key jobs. It will affect over 20 enterprise agreements currently in place that maintain conditions and safety for Australian workers. The Australian Greens think that the regulation of the 457 visa program needs to be tightened, not weakened.</p><p>It is absolutely clear on the evidence that is currently being heard by the inquiry into the temporary migration visa system that many things are going on that are undesirable. Recent media reports have shown major problems, abuse and exploitation, which are harming overseas workers and are undermining local workers' wages and conditions.</p><p>So, given this context, we believe there is no justification whatsoever for removing whole classes of employment from current levels of scrutiny. We want to disallow the minister's decision to lower the thresholds for market salary rate assessment.</p> <p class="speaker">Jacqui Lambie</p><p>I rise to support the disallowance motion, because I support Australians working in Australian jobs. I rise to support the disallowance motion because, unlike the Liberals and Nationals in this place, I want to protect every Australian worker's job. By supporting this disallowance motion, senators have a choice to send a clear message to the Liberals and Nationals in this place, that we will not put up with their sneaky and sly attack on the wages and conditions of Australians.</p><p>The intent of the change to the regulations, introduced by Assistant Minister Cash, is to reduce the current income threshold under the Migration Act, from $250,000 to $180,000. This will make it easier for employers to hire overseas workers rather than Australian professionals. The regulation effectively provides a ceiling above which compliance with many of the significant requirements of the migration regulations is waived. The threshold, when initially introduced in 2008, was set at $180,000. Then, in 2013, it was raised to $250,000. Above this level of income, sponsors of visa applicants are not required to comply with the conditions which otherwise apply to visa applicants.</p><p>The threshold is currently $250,000 and the new regulation takes the threshold down by $70,000. $250,000 is a high income but, if Australia has the people with the necessary qualifications and experience, why should such high-paying jobs not go to Australians? Why should high-paying jobs in Australia be exempt from the standard obligation that if there are Australians able to do the work then they should get the work? And if there are qualified Australians ready to do the work, then why should the parliament allow these jobs to be allocated to foreign workers rather than those qualified, hardworking Australians?</p><p>Of course, under the labour-market-testing rules, if there are no Australians available then the visa may be granted to a foreign worker. But if there are Australians available, why should they not get the work in the first place? The change to the regulations would mean that any employee from overseas who is paid over $180,000 would have the labour-market-testing waived. Australians would be able to be replaced by foreign workers virtually automatically. Here is the government's catch 22. Treasurer Hockey says to Australians who want to buy a house, 'Go out and get a good, secure, well-paid job.' However, Assistant Minister Cash says, 'The well-paid jobs are exempt from the migration regulations.' The jobs are effectively reserved for foreigners. Go figure.</p><p>One area where this has the potential to have adverse consequences for Australians is in the offshore oil and gas industry. On a large proportion of the vessels which operate in that sector, the rates of pay for chief engineers and masters are now above $180,000. Therefore, if the regulation is allowed to stand, those workers could be replaced by foreign personnel on visas, who will not be subject to the normal conditions such as labour-market-testing. The Constitution does not give the Australian parliament the power to set rates of pay for workers. For over 20 years enterprise bargaining has been a process whereby rates of pay have been settled. But in a sly, backdoor way the government is seeking to put a ceiling on rates of pay that can be negotiated under enterprise bargaining. According to Assistant Minister Cash, if you negotiate pay outcomes above $180,000 per annum, then foreign workers can be brought into Australia to replace you. Labour-market-testing does not need to be carried out. The employer can use foreign labour to replace Australian workers. The income earned by these workers is then lost to the Australian economy and the impact of the economists' multiplier effect is lost to the Australian economy.</p><p>In closing, I again urge senators to support the disallowance motion because they will be voting to protect Australian workers' jobs. I, again, remind senators that by supporting this disallowance motion they can send a very clear message to the Liberals and the Nationals in this place, who have betrayed Australian workers at every opportunity, including those in the oil and gas industry, by making it easier to replace them with overseas workers. We will not put up with the sneaky, sly and politically motivated attack by the Liberals and Nationals on the wages and conditions of hardworking Australians.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>
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