Introduction
Conduct of the Inquiry
1.1
On 18 October 2018 the Senate referred the following matter to the Legal
and Constitutional Affairs References Committee for inquiry and report by the
first sitting day of March 2019:
The effectiveness of the current
temporary skilled visa system in targeting genuine skills shortages, with
particular reference to:
- the interaction between the temporary skilled visa system and the system
in place for training Australian workers, including how a skills shortage is
determined;
- the current skills assessment regime, including but not limited to, the
correct application of ANZSCO codes and skills testing requirements;
- the relationship between workers on skilled visas and other types of
visas with work rights, including the rationale and impact of the 400 visa;
- the effectiveness of the current labour market testing arrangements;
- the adequacy of current skilled visa enforcement arrangements, with
particular regard to wages and conditions and access to information about rights
and protections;
- the use and effectiveness of labour agreements; and
- related matters.[1]
1.2
The committee called for written submissions to the inquiry by 14 December 2018,
and received 50 written submissions from organisations and individuals.
1.3
The committee held three public hearings for the inquiry: in Mackay, on
5 March 2019; in Sydney, on 6 March 2019; and in Perth on 7 March
2019.
1.4
The committee thanks all submitters and witnesses who contributed to the
inquiry.
Structure of the report
1.5
This report comprises six chapters. Subsequent chapters cover the
following issues:
- Chapter 2 provides a brief overview of Australia's current
temporary skilled visa system, and discusses the impact of recent changes made
to the system;
- Chapter 3 outlines how the occupation eligibility settings for
the temporary skilled visa system are determined, including the process for
determining skills shortages;
- Chapter 4 examines the effectiveness of current labour market
testing requirements and the use of labour agreements;
- Chapter 5 discusses the Skilling Australians Fund and local
training initiatives to address skills shortages; and
- Chapter 6 considers the visa compliance and enforcement framework
for temporary skilled workers in Australia.
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