Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, 2012, p. 2864.

[2]        Journals of the Senate, 2012, p. 3009.

[3]        Senate Standing Legislation Committee on Education, Employment and Workplace Relations, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_Employment_and_Workplace_Relations/Completed%20inquiries/2010-13/enterprisemigrationagreements/index (accessed 30 August 2012).

[4]        Department of Immigration and Citizenship, Fact Sheet 48a – Enterprise Migration Agreements. Available online: http://www.immi.gov.au/media/fact-sheets/48a-enterprise.htm (accessed 31 August 2012).

[5]        Department of Immigration and Citizenship, Submission 9, p. 1.

[6]        Recommendation 4.2: That the Australian Government introduce and promote the appropriate use of Enterprise Migration Agreements for ‘mega’ resources projects. As part of these agreements, the Australian Government should provide for pre-qualification of skilled occupations to create greater efficiency and certainty to project proponents during the critical construction phase (Accepted 'in principle' by the Government). See Australian Government Response to the National Resources Sector Employment Taskforce Report http://www.innovation.gov.au/Skills/SkillsTrainingAndWorkforceDevelopment/Documents/AGResponseNRSET.pdf (accessed 10 December 2012).

[7]        Department of Immigration and Citizenship, Submission 9, p. 1. See also: National Resources Sector Employment Taskforce, Resourcing the future, July 2010. Available online:
http://www.innovation.gov.au/Skills/SkillsTrainingAndWorkforceDevelopment/NationalResourcesSectorWorkforceStrategy/NationalResourcesSectorEmploymentTaskforce/Pages/default.aspx (accessed 18 December 2012).

[8]        Department of Immigration and Citizenship, Submission 9, p. 1.

[9]        Department of Immigration and Citizenship, Submission 9, p. 1.

[10]      Department of Education, Employment and Workplace Relations, Submission 12, p. 1.

[11]      Department of Education, Employment and Workplace Relations, Submission 12, p. 2.

[12]      Department of Education, Employment and Workplace Relations, Submission 12, p. 2.

[13]      The Hon. Chris Bowen MP, Minister for Immigration and Citizenship and the Hon. Martin Ferguson AO MP, Minister for Resources and Energy, 'First Enterprise Migration Agreement approved', Joint Media Release, 25 May 2012. Available online:
http://www.minister.immi.gov.au/media/cb/2012/cb187050.htm (accessed 31 August 2012).

[14]      Department of Immigration and Citizenship, Submission 9, p. 2.

[15]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 39.

[16]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 32.

[17]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed section 140ZKA, insertion to the Migration Act 1958).

[18]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed section 140ZKE, insertion to the Migration Act 1958).

[19]      Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, pp 2–5.

[20]      Mr Adam Bandt MP, Correspondence to the Committee, 23 August 2012. Note: The amendments circulated include other minor changes, for example the requirement to consult with unions in particular circumstances (proposed amendment to section 536A, Migration Act 1958).

[21]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 4, proposed section 536A, addition the Fair Work Act 2009.

[22]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 4 (proposed section 536B); Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, p. 2.

[23]      Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, p. 2.

[24]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 4 (proposed section 536B).

[25]      Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, pp 2–4.

[26]      Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, p. 5. The terms EMA participant and enterprise migration agreement as defined by the bill, have the same meaning when used in the Fair Work Act 2009.  Note: Mr Bandt's amendments also propose to insert a definition for 'work agreements'.

[27]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed subsection 140ZKD(1), insertion to the Migration Act 1958).

[28]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed subsection 140ZKD(2), insertion to the Migration Act 1958).

[29]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed subsection 140ZKD(3), insertion to the Migration Act 1958).

[30]      Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, Item 8 (proposed subsection 140ZKC, insertion to the Migration Act 1958).

[31]      Explanatory Memorandum, Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012, p. 5.

[32]      Parliamentary Joint Committee on Human Rights, First Report of 2012: Bills introduced 18-29 June 2012, 22 August 2012, p. 25.

CHAPTER 2 - Key Issues

[1]        Australian Chamber of Commerce and Industry, Submission 2, p. 1.

[2]        Business Council of Australia, Submission 11, p. 2.

[3]        Victorian Employers' Chamber of Commerce and Industry, Submission 10, p. 2.

[4]        Victorian Employers' Chamber of Commerce and Industry, Submission 10, p. 2.

[5]        Australian Mines and Metals Association, Submission 8.

[6]        Construction, Forestry, Mining and Energy Union, Submission 6, paragraph 6.

[7]        Australian Council of Trade Unions, Submission 3, p. 1.

[8]        Unions WA, Submission 5.

[9]        Dr Joo-Cheong Tham, Associate Professor, Submission 1, pp 4–5.

[10]      Department of Education, Employment and Workplace Relations, Submission 12; Department of Immigration and Citizenship, Submission 9.

[11]      The phrase 'Australian workers' includes Australian citizens and permanent residents, and New Zealand citizens entitled to work in Australia.

[12]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 15.

[13]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 15.

[14]      Mr Tim Shipstone, Industrial Officer, Australian Council of Trade Unions, Proof Committee Hansard, 25 October 2012, p. 16.

[15]      Unions WA, Submission 5, p. 2.

[16]      Unions WA, Submission 5, p. 2.

[17]      Australian Council of Trade Unions, Submission 3, p. 13; Construction, Forestry, Mining and Energy Union, Submission 6, paragraph 9.

[18]      Construction, Forestry, Mining and Energy Union, Submission 6, paragraph 9.

[19]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 15.

[20]      Department of Education, Employment and Workplace Relations, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 2.

[21]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 21 November 2012), p. 16.

[22]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 15.

[23]      Australian Council of Trade Unions, Submission 3, p. 5.

[24]      Australian Council of Trade Unions, Submission 3, pp 5–6.

[25]      Skills Tasmania, Submission 15, p. 1.

[26]      Skills Tasmania, Submission 15, p. 1.

[27]      Skills Tasmania, Submission 15, p. 1.

[28]      Australian Chamber of Commerce and Industry, Submission 2, p. 2.

[29]      Mr Allen Hicks, National Assistant Secretary, Communications Electrical and Plumbing Union, Proof Committee Hansard, 25 October 2012, p. 24.

[30]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, pp 31–32.

[31]      Australian Council of Trade Unions, Submission 3, p. 8.

[32]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 33.

[33]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 38.

[34]      Senate Education, Employment and Workplace Relations References Committee, The shortage of engineering and related employment skills, July 2012.

[35]      National Resources Sector Employment Taskforce, Resourcing the future, July 2010, Recommendation 2.1, p. 4.

[36]      Department of Immigration and Citizenship, 'Training Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457)', available online: http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-employer.htm (accessed 30 May 2012).

[37]      Department of Immigration and Citizenship, 'Training benchmarks, Frequently asked questions – sponsors, p. 2. Available online: http://www.immi.gov.au/skilled/skilled-workers/_pdf/faq-457-training-benchmarks.pdf (accessed 30 May 2012).

[38]      Department of Immigration and Citizenship, 'Training benchmarks, Frequently asked questions – sponsors, p. 3.

[39]      For more detail on eligible training, see: Legislative Instrument IMMI 09/07, made under the Migration Regulations 1994, subregulations 2.59(d) and 2.68(e).

[40]      Mr Allen Hicks, National Assistant Secretary, Communications Electrical Plumbing Union,, Proof Committee Hansard, 25 October 2012, p. 27.

[41]      Unions WA, Submission 5, p. 4.

[42]      Unions WA, Submission 5, p. 4.

[43]      Australian Council of Trade Unions, Submission 3, p. 11.

[44]      Australian Council of Trade Unions, Submission 3, p. 11.

[45]      See for example, Mr Dave Noonan, National Secretary, CFMEU, Proof Committee Hansard, 25 October 2012, pp 15–16.

[46]      Victorian Employers' Chamber of Commerce and Industry, Submission 10, p. 3.

[47]      Unions WA, Submission 5, p. 5.

[48]      Unions WA, Submission 5, p. 5.

[49]      Unions WA, Submission 5, p. 5. Unions WA advised that this situation has improved as a consequence of its work with the resource sector.

[50]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 15.

[51]      Mr Allen Hicks, National Assistant Secretary, Communications Electrical Plumbing Union, Proof Committee Hansard, 25 October 2012, p. 15.

[52]      Dr Joo-Cheong Tham, Associate Professor, Submission 1, p. 8. (See also pp 9–11 for a summary of the subclass 457 visa requirements).

[53]      Australian Council of Trade Unions, Submission 3, pp 14–15.

[54]      Department of Immigration and Citizenship, Submission 9, p. 2.

[55]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 35.

[56]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 40.

[57]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 40.

[58]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 40.

[59]      Dr Joo-Cheong Tham, Associate Professor, University of Melbourne Law School, Submission 1, p. 3. (Emphasis in original, additional footnotes removed).

[60]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 22.

[61]      Mr Dave Noonan, National Secretary, Construction and General Division, CFMEU, Proof Committee Hansard, 25 October 2012, p. 18.

[62]      Australian Council of Trade Unions, Submission 3, p. 16.

[63]      Australian Council of Trade Unions, Submission 3, p. 16.

[64]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 34.

[65]      Department of Education, Employment and Workplace Relations, Response to question taken on notice, 25 October 2012 (received 12 November 2012).

[66]      Department of Education, Employment and Workplace Relations, Response to question taken on notice, 25 October 2012 (received 12 November 2012).

[67]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012).

[68]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 2.

[69]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 2.

[70]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 2.

[71]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 3.

[72]      Mr Bob Kinnaird, National Research Director, CFMEU, Proof Committee Hansard, 25 October 2012, p. 22.

[73]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 17.

[74]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012), p. 17.

[75]      ACCI, Submission 2, p. 3.

[76]      Dr Joo-Cheong Tham, Associate Professor, Submission 1, p. 7.

[77]      Dr Joo-Cheong Tham, Associate Professor, Submission 1, p. 7.

[78]      Mr Allen Hicks, National Assistant Secretary, Communications Electrical Plumbing Union, Proof Committee Hansard, 25 October 2012, p. 25.

[79]      CFMEU, Submission 6, paragraph 10.

[80]      The Hon. Brendan O'Connor, MP, Minister for Immigration and Citizenship, 'Reforms to the temporary work (skilled)(subclass 457) program', Media release, 23 February 2013.

[81]      The Hon. Brendan O'Connor, MP, Minister for Immigration and Citizenship, 'Reforms to the temporary work (skilled)(subclass 457) program', Media release, 23 February 2013.

[82]      The market salary exemption rate refers to the rate above which sponsors do not have to provide evidence that the salary is set according to the market salary rate for that occupation.

[83]      The Hon. Brendan O'Connor, MP, Minister for Immigration and Citizenship, 'Reforms to the temporary work (skilled)(subclass 457) program', Media release, 23 February 2013.

COALITION SENATORS' MINORITY REPORT

[1]        Barbara Deegan, Subclass 457 Integrity Review, October 2008. Available online: http://www.immi.gov.au/skilled/457-integrity-review.htm (accessed 8 March 2013).

[2]        Department of Immigration and Citizenship, Submission 9, p. 1.

[3]        Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy, Department of Immigration and Citizenship, Senate Legal and Constitutional Affairs Committee, Budget Estimates, Committee Hansard, 22 May 2012, p. 66.

[4]        Department of Immigration and Citizenship, Enterprise Migration Agreement: submission guidelines, p.15-16

[5]        Department of Immigration and Citizenship, Enterprise Migration Agreement: submission guidelines, p. 7.

[6]        Department of Immigration and Citizenship,' Employer sponsored workers', http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-employer.htm  (Accessed 7 March 2013)

[7]        Australian Chamber of Commerce and Industry, Submission 2, p. 3.

[8]        Victorian Employers’ Chamber of Commerce and Industry, Submission 10, p. 2

[9]        Australian Mines and Metals Association, Submission 8, p. 3

[10]      Minister the Hon. Chris Bowen, Media Release, 25 May 2012 http://www.minister.immi.gov.au/media/cb/2012/cb187050.htm (Accessed 7 March 2013)

[11]      Response to Question taken on Notice, Additional Estimates hearing, Senate Legal and Constitutional Affairs Committee, February 2012 AE12/0172.

[12]      Business Council of Australia, Submission 11, p. 1.

[13]      Department of Education, Employment and Workplace Relations, Australian Jobs, p. 5. http://www.deewr.gov.au/Employment/ResearchStatistics/Documents/AustralianJobs.pdf

[14]      Business Council of Australia, Submission 11, p. 1.

[15]      Australian Mines and Metals Association, Submission 8, p. 3.

[16]      Andrew Tillett, 'Cash Incentive fails to bring job snobs West', West Australian Online, 30 May 2012, http://au.news.yahoo.com/thewest/a/-/newshome/13811688/cash-incentive-fails-to-bring-job-snobs-west/ (access 8 March 2013).

[17]      Australian Council of Trade Unions, Submission 3, pp 5–6.

[18]      Andrew Probyn, 'Spin doctor drawn into visa row', The West Australian, 6 March 2013, http://au.news.yahoo.com/thewest/a/-/breaking/16303839/spin-doctor-drawn-into-visa-row/ (accessed 8 March 2013). See also Majority Report, Chapter 2, paragraph [2.22].

[19]      Majority Report, Chapter 2, paragraph [2.30].

[20]      Australian Council of Trade Unions, Submission 3, p. 11.

[21]      Business Council of Australia, Submission 11, p. 1.

[22]      Victorian Economic Chamber of Commerce and Industry, Submission 10, p. 3.

[23]      Australian Mines and Metals Association, Submission 8.

[24]      Unions WA, Submission 5, p. 5.

[25]      Mr Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Division, Department of Immigration and Citizenship, Proof Committee Hansard, 25 October 2012, p. 34.

[26]      Department of Education, Employment and Workplace Relations, Response to question taken on notice, 25 October 2012 (received 12 November 2012).

[27]      Department of Immigration and Citizenship, Response to question taken on notice, 25 October 2012 (received 12 November 2012). For a detailed discussion see Chapter 2, paragraphs [2.58]–[2.61] of the Majority Report.

[28]      Australian Chamber of Commerce and Industry, Submission 2, p. 2.

[29]      Business Council of Australia, Submission 11, p. 1.

[30]      Business Council of Australia, Submission 11, p. 2.

[31]      Business Council of Australia, 'Pipeline or pipe dream: securing Australia’s investment future', June 2012, http://www.bca.com.au/DisplayFile.aspx?FileID=831.

[32]      Andrew Tillett, 'Cash Incentive fails to bring job snobs West', West Australian Online, 30 May 2012, http://au.news.yahoo.com/thewest/a/-/newshome/13811688/cash-incentive-fails-to-bring-job-snobs-west/ (access 8 March 2013).

[33]      Australian Chamber of Commerce and Industry, Submission 2,

[34]      Majority Report, Chapter 2, paragraph [2.24].

[35]      Australian Chamber of Commerce and Industry, Submission 2,