“We will proactively prosecute and name and shame offenders exploiting overseas workers and misusing the program,’’ the Assistant Minister for Immigration and Border Protection, Michaelia Cash, said.
Senator Cash said the economic and productivity benefits of a well-managed overseas worker program are significant, yet understated, and blamed the former Labour government for mismanaging the program and causing community confidence in its value and integrity to be undermined.
Aiming to restore confidence in the program, the recommendations the government is adopting will include increased focus on targeting employers who seek to misuse the program, introducing greater transparency around the department’s sanctions processes and the sharing of information between key agencies.
The Australian reports that Senator Cash will confirm today that the government will not remove the current labour-market testing arrangements that require businesses to test employment markets first to find domestic skilled workers before turning to the 457 visa program.
The review recommended labour-market testing be scraped, saying it was not “fully reliable’’ and “ineffective’’ in the Australian context.
The government is also examining replacing current training benchmarks to introduce a fund administered by the government to train Australian workers.
Senator Cash is expected to also confirm the government will change the English language test so it allows an average mark of five rather than the current minimum of five in each area of reading, writing, comprehension and speaking English. But there will be a minimum mark of 4.5 in each category.
I have received numerous complaints from Foreign Workers who are here on a cultural exchange program and who work within the agriculture dairy industry. The problems are not with t6eh workers but unscrupulous farmers which are exploiting foreign workers.
Many workers complain that they are being underpaid and treated with disrespect.
One farmer threatened and intimidated their workers by saying they will have immigration investigate them and their visa canceled if they cause trouble.
Another farmer tied to apply a fine to a worker for accidental damage to a gate.
They are also in breach of award conditions and some are charging costs for Keep in excess of the award.
More often than not workers have no access to legal or other support. If they complain they are threatened with punitive actions.
A Foreign Dairy Farm worker should be paid at the the amount listed in the Pastoral Award 2010 level FLH5 Minimum $18.34 per hour for the first 152 hours and then time and half for overtime, extra if work is perform3ed on a public holiday. A variation to the award rate can be made provided the worker is no worst off.
One Farm was paying their employees at the lowest award (FLH1) rate of $16.87. This award is for unskilled labor.
The onus is not just on the farmer to oversee that the correct payment is made but also the Migration Agent/Training provider.
FairWork Australia is limited by time in being able to review and prosecute any breaches of the award. The limited period of stay in Australia for foreign workers and the lack of Union representation leaves foreign workers vulnerable to such exploitation.
It is the actions of the few. The rotten apple that adversely impacts on the rest that so the right thing by foreign workers.
In receiving these complaints I have referred them to the Fairwork Commission and the AWU
On the Question of Training Benchmarks. The suggestion of a Government managed training program could mean that employers employing foreign workers are hit twice.
Currently a business that employes an apprentice can attribute the full cost of the Apprentice's salary towards meeting the training bench mark. The requirement to make payments into a government fund could impact and undermine the apprentice training program along with industry/business specific training needs. More details of this proposal needs to be made available.
this makes us easier,
i would like to apply this sc457, any information for SOL?