26th Nov 2019, 1:09 PM – Senate Customs Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Bill 2019 and another - in Committee - Labour market testing

The majority voted against a motion introduced by WA Senator Jordon Steele-John (Greens) in respect to requiring labour market testing. Senator Steele-John explained that:

We in the Greens would never quibble or seek to oppose the ability of any person to come to Australia and to work and be protected while they work in a safe workplace. But what we see, particularly with the Indonesia agreement, is a process being opened up by which permits have been granted to that nation for work which can be utilised without undertaking the pretty basic principle of checking to make sure whether or not there is anybody currently present within the community who is able to do that job and who has the qualifications to do that job.

However, ACT Senator Katy Gallagher (Labor) explained that:

I think it's important to add here that there is no change to labour market testing and the conditions that have applied since 1995. These agreements that we are dealing with are not changing the arrangements that have been in place. With respect, I think Senator Steele-John might be incorrect about some of the concerns that he is raising, and Labor will not be supporting the amendment.

Motion text

(2) Clause 2, pages 2 and 3, table items 2 to 4, omit the table items, substitute:

2. Schedule 1

If the Peru‑Australia Free Trade Agreement, done at Canberra on 12 February 2018, enters into force for Australia—the first day that bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that labour market testing must occur in relation to contractual service suppliers, working holiday visa holders and training visa holders entering, or proposing to enter, Australia from the other Party are in force for Australia.

However, the provisions do not commence at all unless all of the events mentioned in this item occur.

3. Schedule 2

If the Indonesia‑Australia Comprehensive Economic Partnership Agreement, done at Jakarta on 4 March 2019, enters into force for Australia—the first day that bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that labour market testing must occur in relation to contractual service suppliers, working holiday visa holders and training visa holders entering, or proposing to enter, Australia from the other Party are in force for Australia.

However, the provisions do not commence at all unless all of the events mentioned in this item occur.

4. Schedule 3

If the Free Trade Agreement between Australia and Hong Kong, China, done at Sydney on 26 March 2019, enters into force for Australia—the first day that bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that labour market testing must occur in relation to contractual service suppliers, working holiday visa holders and training visa holders entering, or proposing to enter, Australia from the other Party are in force for Australia.

However, the provisions do not commence at all unless all of the events mentioned in this item occur.