Regulating the working conditions of temporary migrant workers in Australia - PowerPoint PPT Presentation

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Regulating the working conditions of temporary migrant workers in Australia

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Title: Regulating the working conditions of temporary migrant workers in Australia


1
Regulating the working conditions of temporary
migrant workers in Australia
  • Def of temporary migrant worker persons
    undertaking paid work who are in the host country
    under an arrangement for temporary residence
  • Will
  • - provide schematic account of regulation
  • raise questions concerning social justice and
    such regulation.
  • Focus on
  • those on employment visas, specifically 457 visa
    workers and Pacific Island seasonal workers
  • those on student visas, working holiday visas,
    and work and holiday visas See handout

2
Key sources of regulation
  • Labour legislation, e.g. Fair Work Act 2009
    (Cth) applies equally to temporary migrant
    workers
  • Social insurance legislation, e.g. Social
    Security Act 1991 (Cth), Health Insurance Act
    1973 (Cth) persons on temporary visas excluded
    from entitlements
  • Immigration legislation, i.e. Migration Act 1958
    (Cth) complex relationship with regulation of
    working conditions

3
Migration legislation and regulation of working
conditions
  • Regulation of type of employment
  • Facilitative v restrictive measures
  • Position/job-based, employer-based,
    occupation-based, place-based, time-based, form
    of employment
  • Regulation of other working conditions
    approaches based on relationship to industrial
    legislation
  • abstentionist
  • integrationist
  • lower/higher floor.

4
Migration legislation and regulation of working
conditions II
  • Relationship depends on whether visa issued for
  • i) purpose of employment e.g. 457 visas and
    Pacific Island seasonal scheme
  • ii) another purpose, e.g. study visas, Working
    Holiday and Work and Holiday visas
  • i) more restrictions on type of employment and
    more regulation of working conditions
  • See table in handout

5
Social justice regulation of working conditions
of temporary migrant workers
  • Concerns distribution/allocation of benefits,
    burdens and rights amongst various parties, i.e.
  • Australian and foreign governments
  • employers and temporary migrant workers
  • temporary migrant workers and domestic workers.
  • Sources of tensions and dilemmas?
  • ensuring labour demand properly met / protecting
    employment opportunities of domestic workers vs
    controlling entry and restrictions on freedom to
    choose employment
  • ensuring stay temporary vs ability to have family
  • In these areas, crucial question what
    standards/rights should apply to temporary
    migrant workers?

6
Social justice regulation of working conditions
II
  • Much less controversial? Regulation of other
    working conditions
  • - the principle of no less favourable treatment
  • what about impact of decentralised system based
    on enterprise bargaining?
  • Far less controversial - the imperative of
    effective enforcement
  • Challenges complex but one factor
  • - heightened dependence on employer for some
    temporary migrant workers
  • - tensions in immigration law / labour law nexus
    employment visas permanent residence
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