Footnotes

Chapter 1 - Background to the inquiry

[1]        Journals of the Senate, 24 March 2015, pp 2374–2376.

[2]        Migration Council Australia, Submission 27, p. 3; Dr Joanna Howe and Associate Professor Alexander Reilly, Submission 5, p. 4.

[3]        Australian Government joint submission, Submission 41, Attachment B, Table 1, p. 20, Table 4, p. 21 and Attachment C, p. 22.

[4]        These reviews include the Committee of Inquiry into the Temporary Entry of Business People and Highly Skilled Specialists, Business Temporary Entry: Future Directions, August 1995; Department of Immigration, Multicultural and Indigenous Affairs, In Australia's interests: A Review of the Temporary Residence Program, 2002; Joint Standing Committee on Migration, Temporary visas...permanent benefits: ensuring the effectiveness, fairness and integrity of the temporary business visa program, August 2007; Department of Immigration and Citizenship, Final Report to the Minister for Immigration and Citizenship, April 2008; Department of Immigration and Citizenship, Visa Subclass 457 Integrity Review Final Report, October 2008; Senate Education, Employment and Workplace Relations Legislation Committee, Inquiry into the Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 [Provisions], March 2013; Senate Legal and Constitutional Affairs References Committee, Framework and operation of subclass 457 visas, Enterprise Migration Agreements and Regional Migration Agreements, June 2013; and Mr John Azarias, Ms Jenny Lambert, Professor Peter McDonald and Ms Katie Malyon, Robust New Foundations: A streamlined, transparent and responsive system for the 457 programme, September 2014.

[5]        See paragraph 1.23 for an explanation of subsequent submissions.

[6]        Caro Meldrum-Hanna and Ali Russell, 'Slaving Away: The dirty secrets behind Australia's fresh food', Four Corners, Australian Broadcasting Corporation, broadcast 4 May 2015.

[7]        Adele Ferguson and Klaus Toft, '7-Eleven: The price of convenience', Four Corners, Australian Broadcasting Corporation, broadcast 31 August 2015.

[8]        See, for example, Peter Mares, Submission 2.

[9]        Associate Professor Joo-Cheong Tham, Submission 3, p. 4.

[10]      Journals of the Senate, No. 94—14 May 2015, p. 2601.

[11]      Journals of the Senate, No. 104—11 August 2015, p. 2898.

[12]      Journals of the Senate, No. 111—7 September 2015, p. 3039.

CHAPTER 2

[1]        See Australian Government joint submission, Submission 41, p. 1; Dr Joanna Howe and Associate Professor Alexander Reilly, Submission 5, p. 8.

[2]        Australian Government joint submission, Submission 41, pp 2–3.

[3]        Australian Government joint submission, Submission 41, p. 2.

[4]        Australian Government joint submission, Submission 41, p. 2.

[5]        Mr Bernard Murray and Mrs Kerry Murray, Owners, Murray Free Range, Committee Hansard, 17 July 2015, pp 28–29; Mrs Elizabeth Mary Wallace, Human Resources, Compliance and Feed Purchasing, Windridge Farms, Committee Hansard, 17 July 2015, p. 29; Ms Deborah Kerr, General Manager, Policy, Australian Pork Limited, Committee Hansard, 19 June 2015, p. 9.

[6]        Australian Institute of Marine and Power Engineers, Submission 17, pp 4 and 8; Australian Higher Education Industrial Association, Submission 20, pp 2–3.

[7]        Migration Council Australia, Submission 27, p. 5; United Voice, Submission 19, pp 2–3; Maritime Union of Australia, Submission 22, p. 9.

[8]        Dr Joanna Howe, 'Is the net cast too wide? An assessment of whether the regulatory design of the 457 visa meets Australia's skill needs', Federal Law Review, vol. 41 issue 3, pp 20 and 23; Australian Council of Trade Unions, Submission 48, pp 20–22; Unions NSW, Submission 35, pp 5 and 7; Maritime Union of Australia, Submission 22, pp 6–7; Electrical Trades Union, Submission 12, p. 3; United Voice, Submission 19, pp 2–3; Australian Chamber of Commerce and Industry, Submission 10, pp 8–9; Australian Higher Education Industrial Association, Submission 20, pp 1–2; Ms Jenny Lambert, Director, Employment, Education and Training, Australian Chamber of Commerce and Industry, Committee Hansard, 17 July 2015, pp 17–18; Migration Council Australia, Submission 27, p. 14.

[9]        Engineers Australia, Submission 4, p. 5; Electrical Trades Union, Submission 12, pp 8–9; Mr Matthew Boyd, Branch Organiser, Electrical Trades Union, Committee Hansard,
19 June 2015, p. 32.

[10]      Dr Joanna Howe and Professor Alexander Reilly, Submission 5, p. 5; Australian Government joint submission, Submission 41, pp 5–6; Engineers Australia, Submission 4, pp 1 and 4;
Ms Jenny Lambert, Director, Employment, Education and Training, Australian Chamber of Commerce and Industry, Committee Hansard, 17 July 2015, p. 16; Migration Council Australia, Submission 27, p. 6; Australian Nursing and Midwifery Federation, Submission 37, pp 4–6; Ms Ruth Kershaw, Research Consultant, Victorian Branch, Electrical Trades Union, Committee Hansard, 19 June 2015, p. 27; Australian Council of Trade Unions, Submission 48, p. 24; Mr Ron Monaghan, General Secretary, Queensland Council of Unions, Committee Hansard, 12 June 2015, p. 1.

[11]      Australian Government joint submission, Submission 41, pp 3–7; Migration Council Australia, Submission 27, p. 7; Migration Institute of Australia, Submission 40, pp 10–13; Engineers Australia, Submission 4, p. 5; Ms Ruth Kershaw, Research Consultant, Victorian Branch, Electrical Trades Union, Committee Hansard, 19 June 2015, pp 27–28; Dr Joanna Howe, 'Is the net cast too wide? An assessment of whether the regulatory design of the 457 visa meets Australia's skill needs', Federal Law Review, vol. 41 issue 3, p. 16; Ms Jenny Lambert, Director, Employment, Education and Training, Australian Chamber of Commerce and Industry, Committee Hansard, 17 July 2015, pp 12–13 and 17–18; Australian Council of Trade Unions, Submission 48, pp 25–35 and 97–105; The Australian Federation of Air Pilots, Submission 15, p. 2; Australian Maritime Officers Union, Submission 18, p. 5; Australian Institute of Marine and Power Engineers, Submission 17, p. 6; Australian Chamber of Commerce and Industry, Submission 10, p. 13; Maritime Union of Australia, Submission 22,
pp 5–6; United Voice, Submission 19, p. 2; Migration Council Australia, Submission 27, p. 7; Ms Donna Mogg, Commercial Services Manager, Growcom, Committee Hansard,
12 June 2015, p. 22; Mr Ron Monaghan, General Secretary, Queensland Council of Unions, Committee Hansard, 12 June 2015, p. 2.

[12]      Australian Government joint submission, Submission 41, pp 21–22.

[13]      Dr Joanna Howe and Associate Professor Alexander Reilly, Submission 5, p. 5.

[14]      Regulations 417.611 and 462.611 (by operation of mandatory visa condition 8547), Migration Regulations 1994.

[15]      Regulation 417.211, Migration Regulations 1994; Department of Immigration and Border Protection, Working Holiday Maker visa programme report, 30 June 2014, p. 4, available at https://www.border.gov.au/ReportsandPublications/Documents/statistics/working-holiday-report-jun14.pdf#search=working%20holiday%20maker%20visa%20program%20report (accessed 19 August 2015).

[16]      Migration Institute of Australia, Submission 40, p. 11.

[17]      See the evidence from Ms Sarah McKinnon, Manager Workplace Relations and Legal Affairs, National Farmers' Federation, Committee Hansard, 26 June 2015, p. 31; Mr Justin Roach, Committee Hansard, 26 June 2015, p. 36; Mr Gaeta, Committee Hansard, 26 June 2015, p. 36; Ms Donna Mogg, Commercial Services Manager, Growcom, Committee Hansard,
12 June 2015, pp 19–20; Mrs Laura Wells, Tastensee Farms, Committee Hansard,
12 June 2015, p. 21.

[18]      Australian Council of Trade Unions, Submission 48, p. 43.

[19]      Dr Joanna Howe and Associate Professor Alexander Reilly, Submission 5, p. 5; Australian Council of Trade Unions, Submission 48, p. 43.

[20]      Australian Council of Trade Unions, Submission 48, p. 42; see also the evidence from Miss Chiung-Yun Chang, Miss Chi Ying Kwan, Mr Chun Yat Wong, Mr Grant Courtney, Branch Secretary, Australasian Meat Industry Employees Union (AMIEU), Newcastle and Northern NSW Branch and Mr Hoi Ian Tam, International Liaison Officer, AMIEU, Newcastle and Northern NSW Branch, Committee Hansard, 26 June 2015, pp 12–23.

[21]      See the evidence from Ms Sherry Huang and Mr George Robertson, National Union of Workers, Committee Hansard, 18 May 2015, pp 16–17; and the Australasian Meat Industry Employees Union, Newcastle and Northern NSW Branch, Committee Hansard, 26 June 2015, pp 12–23; Mr Warren Earle, Branch Organiser, Australasian Meat Industry Employees Union, Committee Hansard, 26 June 2015, pp 15–16.

[22]      Ms Lin Pei Yao, Worker, National Union of Workers, Committee Hansard, 18 May 2015, pp 18–19.

[23]      Migration Institute of Australia, Submission 40, pp 11–12.

[24]      Miss Chiung-Yun Chang, Miss Chi Ying Kwan and Mr Chun Yat Wong, Committee Hansard, 26 June 2015, pp 12–13; 16–23; see also Mr Grant Courtney, Branch Secretary, Australasian Meat Industry Employees Union (AMIEU), Newcastle and Northern NSW Branch and Mr Hoi Ian Tam, International Liaison Officer, AMIEU, Newcastle and Northern NSW Branch, Committee Hansard, 26 June 2015, pp 12–23.

[25]      Miss Chiung-Yun Chang, Miss Chi Ying Kwan and Mr Chun Yat Wong, Committee Hansard, 26 June 2015, pp 12–13; 16–23; see also Mr Grant Courtney, Branch Secretary, Australasian Meat Industry Employees Union (AMIEU), Newcastle and Northern NSW Branch and Mr Hoi Ian Tam, International Liaison Officer, AMIEU, Newcastle and Northern NSW Branch, Committee Hansard, 26 June 2015, pp 12–23; see also evidence from Mr Matt Journeaux, Assistant Branch Secretary, Mr Frederick Brunjes, Shed Secretary, Mr Warren Earle, Branch Organiser, and Mr Ian McLauchlan, Branch Organiser, Australasian Meat Industry Employees Union, Committee Hansard, 26 June 2015, pp 10–18.

[26]      Senator Sue Lines (Chair), Committee Hansard, 14 July 2015, pp 36–38 and p. 42.

[27]      Fair Work Ombudsman, A report on the Fair Work Ombudsman's Inquiry into the labour procurement arrangements of the Baiada Group in New South Wales, June 2015, p. 29.

[28]      Fair Work Ombudsman, A report on the Fair Work Ombudsman's Inquiry into the labour procurement arrangements of the Baiada Group in New South Wales June 2015, p. 24.

[29]      Regulations 570.617, 571.614, 572.617, 573.617, 574.617, 575.617 and 576.614 (by operation of visa condition 8104), Migration Regulations 1994.

[30]      Australian Government joint submission, Submission 41, p.21.

[31]      Australian Chamber of Commerce and Industry, Submission 10, pp 16–17.

[32]      Associate Professor Joo-Cheong Tham, Submission 3, p. 15.

[33]      Associate Professor Joo-Cheong Tham, Submission 3, p. 16.

[34]      Mr Mohammed Rashid Ullat Thodi and Mr Pranay Alawala, Submission 59; Mr Mohammed Rashid Ullat Thodi, Proof Committee Hansard, 24 September 2015, pp 1– 11; Mr Pranay Alawala, Proof Committee Hansard, 24 September 2015, pp 4–5 and 10–11; Mr Rahul Patil, Proof Committee Hansard, 24 September 2015, pp 24-25; Mr Ussama Waseem, Proof Committee Hansard, 24 September 2015, pp 23–25; Mr Nikhil Kumar Sangareddypeta, Proof Committee Hansard, 24 September 2015, pp 24–25; see also Mr Michael Fraser, Submission 60 pp 1–2 and  11–14; Mr Michael Fraser, Proof Committee Hansard, 24 September 2015, pp13–18.

[35]      Mr Michael Fraser, Submission 60, pp 2 and 15; Mr Mohammed Rashid Ullat Thodi, Proof Committee Hansard, 24 September 2015, p. 6; Mr Michael Fraser, Proof Committee Hansard, 24 September 2015, p. 14; Mr Nikhil Kumar Sangareddypeta, Proof Committee Hansard, 24 September 2015, p. 25.

[36]      See Fair Work Ombudsman v Bosen Pty Ltd & Anor [2011] VMC 81; Fair Work Ombudsman, Enforceable Undertaking between the Commonwealth of Australia (as represented by the Office of the Fair Work Ombudsman) and PSP International Trading Pty Ltd and Kumar Sundarakumar; Fair Work Ombudsman, '7-Eleven operator fined over underpayment', media release, 4 August 2015; Fair Work Ombudsman, '7-Eleven franchisee admits doctoring records and underpaying workers to cut operating costs', media release, 1 September 2015.

[37]      Associate Professor Joo-Cheong Tham, Submission 3, p. 8; Associate Professor Joo-Cheong Tham, Supplementary submission 3, pp 1–2; Shop Distributive and Allied Employees' Association, Submission 58, p. 8.

[38]      Associate Professor Joo-Cheong Tham, Submission 3, p. 20.

[39]      See for example, Dr Tess Hardy, Submission 62.

[40]      See Madeleine Morris, 'Australia Post delivery contractors underpaying workers, withholding mail, CEPU union claims', 7.30, Australian Broadcasting Corporation , available at http://www.abc.net.au/news/2015-07-07/australia-post-delivery-contractors-underpaying-workers-union/6602492  (accessed 29 September 2015).