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Regulating the working conditions of temporary migrant workers in Australia

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;

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Regulating the working conditions of temporary migrant workers in Australia

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  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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