Enforcement, not new laws, will decrease visa abuse, says Australian business group


With more evidence that temporary visa workers are not being treated in accordance with Australian laws, the country’s chamber of commerce and industry is calling for improved enforcement rather than new laws.


According to Kate Carnell, chief executive officer of the Australian Chamber of Commerce and Industry (ACCI), enforcing compliance is critical to maintaining public confidence in the migration system.


 ‘The recent independent inquiry into 457 visas found there was a need for better resourcing of compliance bodies, both in the Department of Immigration and Border Protection (DIBP) and the Fair Work Ombudsman (FWO). We also need stronger education programmes for employers, visa holders and the general public so that complaints are directed to the appropriate body,’ she said.


She pointed out that the current laws for temporary visa holders are straightforward: the visa holder must be paid in accordance with Australian workplace laws and their visa requirements.


‘Regulatory bodies should not be distracted from the task by considering further changes. We need to focus our efforts on compliance, both to protect workers and to protect the integrity of the visa program, which is vital to Australia’s economy,’ Carnell explained.


She also pointed out that the working holidaymaker programme, for example, creates local jobs through backpacker tourism and gives young people in Australia and abroad a chance to work overseas and experience other cultures.


Jenny Lambert, ACCI director of Employment, Education and Training, said a submission will be sent to the Senate Education and Employment References Committee, which is conducting an inquiry into temporary work visas.


The ACCI submission recommends the Senate encourage people with concerns about suspected non-compliance to complain to the DIBP and FWO so the circumstances can be dealt with appropriately.


‘Frequent changes to the regulatory framework make it almost impossible to educate participants in their legal requirements. Instead of investigating yet further changes, DIBP and other stakeholders would be better off committing time, effort and resources to investigating complaints,’ said Lambert.


‘In regard to the temporary skilled migration 457 visa programme, there are already changes in train that will substantially improve the integrity of the scheme. These should be allowed to take effect before further inquiries and changes are launched,’ she explained.


‘Migration, including temporary migration, is good for Australia and creates jobs for Australians. More effort should be invested in enforcing compliance and upholding confidence in the system. These are the key messages of the ACCI submission,’ she added.


Ray Clancy 19/5/15