Report

A National Disgrace: The Exploitation of Temporary Work Visa Holders

17 March 2016

© Commonwealth of Australia 2016
ISBN 978-1-76010-397-2

View the report as a single document - (PDF 2359KB)


View the report as separate downloadable parts:

MEMBERSHIP OF THE COMMITTEE (PDF 41KB)
RECOMMENDATIONS (PDF 32KB)
ABBREVIATIONS (PDF 16KB)
Chapter 1 - Introduction (PDF 40KB)

Inquiry terms of reference
Conduct of the inquiry
Extension to the inquiry
Scope and structure of the report
Acknowledgements
Note on references

CHAPTER 2 - Overview of temporary visa programs (PDF 243KB)

Background
Reviews and reforms of temporary visa programs
Interactions between the various visa programs
Committee view

CHAPTER 3 - Impact of the 457 visa program on employment opportunities (PDF 614KB)

Introduction
The balance between permanent and temporary migration
The responsiveness of the 457 visa program to changes in domestic labour supply and skills demand
Regulations and obligations under the 457 visa program, Designated Area Migration Agreements (DAMAs) and Labour Agreements
Committee view

CHAPTER 4 - Impact of the Working Holiday Maker (417 and 462) visa program on the employment opportunities and entitlements of Australian workers (PDF 125KB)

Introduction
The nature of the Working Holiday Maker program
The Seasonal Worker program
Agricultural labour markets and the role of WHM visa workers
Meat processing labour markets and the role of WHM visa workers
Committee view

CHAPTER 5 - Impact of temporary visas on training and skills development (PDF 100KB)

Introduction
Impact of 457 visas on training and skills development, graduate employment programs, and future workforce capacity
Impact of 417 visas on training in the meat processing sector
The effectiveness of the current training obligations
Proposals to replace the current training arrangements
Committee view

CHAPTER 6 - Wages, conditions, safety and entitlements of 457 visa holders (PDF 137KB)

Introduction
Vulnerability of temporary migrant workers
Access to justice
Exploitation of 457 visa workers
Committee view

CHAPTER 7 - Wages, conditions, safety and entitlements of Working Holiday Maker (417 and 462) visa holders (PDF 337KB)

Introduction
Working Holiday Maker visa program
Exploitation of Working Holiday Maker visa workers by labour hire companies in the horticulture industry
Exploitation of Working Holiday Maker visa workers by labour hire companies in the meat processing industry
The Fair Work Ombudsman investigation into the labour hire arrangements of the Baiada Group
Committee view

CHAPTER 8 - Wages, conditions, safety and entitlements of international student visa holders (PDF 392KB)

Introduction
International student visa program
Undocumented migrant labour
Coercion of temporary visa workers into breaching their visa
The exploitation of international student visa workers at 7-Eleven
Franchising Code of Conduct
Committee view

CHAPTER 9 - Information, education, regulation and compliance (PDF 381KB)

Introduction
Background to the role and activities of the government agencies
Provision of information and education
Building a culture of compliance with workplace law
Enforcement actions
Resourcing of the FWO
Proposed changes to the powers of the regulator and regulatory regimes
International Convention on Protection of the Rights of All Migrant Workers and their Families
Committee view

Coalition Senators' Additional Comments (PDF 51KB)
Australian Greens' Additional Comments (PDF 38KB)
APPENDIX 1 (PDF 35KB)

Submissions
Additional information
Tabled documents

APPENDIX 2 - Public Hearings (PDF 26KB)
Appendix 3 - Review of the Fair Work Ombudsman and the penalty regime under the Fair Work Act 2009 (PDF 14KB)

Objectives
Terms of reference
Resourcing
Tabling in Parliament

Committee Secretariat contact:

Committee Secretary
Senate Education and Employment Committees
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3521
Fax: +61 2 6277 5706
eec.sen@aph.gov.au