2.85 The committee recommends that the government
amend the Enterprise Migration Agreement (EMA) guidelines to require that
robust labour market testing be conducted prior to project owners making an EMA
application. Adequate labour market testing should include the following:
vacancies locally and nationally at genuine market rates, including mandatory
use of the resources sector Jobs Board;
relocation assistance measures where required; and
information on specific measures undertaken to employ groups who are currently
disadvantaged or under-represented in the workforce such as indigenous workers,
women, unemployed local job-seekers, recently retrenched workers, and older,
and why positions sought under the EMA cannot be filled by increasing the
participation of these groups.
2.86 The committee recommends that the government
continue to develop and improve the Jobs Board. Improvements should include the
provision of a range of incentives and obligations to ensure that companies
participate in the Jobs Board, and the exclusion of employers who do not use
the Jobs Board from accessing workers through the subclass 457 visa program.
2.87 The committee recommends that the government
assess the extent to which the resource sector requires Australian workers to
have direct industry experience, but then seeks to employ (and train) overseas
labour to fill alleged skill shortages.
2.88 The committee recommends that the government
establish a complaints mechanism for Australians who are unable to obtain work
with an Enterprise Migration Agreement holder, despite being available for work
and possessing the requisite qualifications or the ability to be trained in the
2.89 The committee recommends that the government
conduct a reassessment of the skills shortages in the resources sector.
2.90 The committee recommends that the government
consider changing the definition of 'project workforce' for the purposes of
calculating training obligations under the subclass 457 visa program. The new
definition should include employees and independent contractors.
2.91 The committee recommends that the government
amend the Enterprise Migration Agreement guidelines to ensure that training of
workers from other sectors be a requirement.
2.92 The committee recommends that the government
create a new sponsorship obligation requiring sponsors to inform each subclass
457 visa holder in writing of their rates of pay and terms and conditions of
employment, and provide a document outlining the role of the Department of Immigration
and Citizenship, the Fair Work Ombudsman and unions in pursuing underpayment
2.93 The committee recommends that the Enterprise
Migration Agreement applicants provide timely information to unions and other
stakeholders about the proposed project during the stakeholder consultation
2.94 The committee recommends that the Department
of Immigration and Citizenship work with the resource sector to determine a
definition of commercial-in-confidence, for the purposes for redacting
Enterprise Migration Agreements before public release.
2.95 The committee recommends that the government
make relevant and timely information relating to Enterprise Migration
Agreements, subclass 457 visas and Regional Migration Agreements publicly
2.96 In light of the committee's view that
weaknesses in the subclass 457 system could be addressed through the reforms
detailed in foregoing recommendations, the committee recommends that the bill
not be proceeded with.
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