Australian Immigration Daily News

Recommendations

Recommendation 1
2.95 The committee recommends that the Australian Government continue to
monitor the trajectory of visa applications and grants under the Temporary
Skills Shortage (Subclass 482) visa over the next six months, with a view to
making any necessary adjustments to the overall settings for this visa subclass
in 2020.

Recommendation 2
2.100 The committee recommends that the Australian Government increase the
Temporary Skilled Migration Income Threshold (TSMIT) to a minimum of at
least $62,000, and mandate that the rate of the TSMIT be indexed annually in
line with the average full-time wage.

Recommendation 3
2.105 The committee recommends that the Department of Home Affairs review
and update its policies regarding health assessments of temporary visa holders,
to ensure that visa applications will not be rejected on health grounds in cases
where there is no possibility of health and social services costs accruing to the
Commonwealth or state and territory governments.

Recommendation 4
3.83 The committee recommends that the Australian Government publish, in
future updates to the skilled migration occupation lists, its reasons for including
new occupations, moving occupations between the different lists, or removing
occupations altogether that were included in previous iterations of the lists.

Recommendation 5
3.89 The committee recommends that the Australian Bureau of Statistics
prioritise its review of the ANZSCO framework.

Recommendation 6
3.91 The committee recommends that the current skills assessment regime for
the skilled visa system be strengthened by:
• ensuring all testing is performed by an appropriate industry body and
not by immigration officials;
• guaranteeing that workers who currently require an occupational license
must successfully complete a skills and technical assessment undertaken
by a Registered Training Organisation approved by Trades Recognition
Australia before being granted a visa;
• introducing a risk based approach to assess and verify that workers are
appropriately skilled for occupations that do not require an occupational
licence; and
• introducing a minimum sampling rate of visas issued in order to verify
that migrant workers are actually performing the work the employer has
sponsored them to perform.

Recommendation 7
3.96 The committee recommends that the Australian Government consider
the establishment of a new independent tripartite authority to provide advice and
recommendations to government on skilled migration issues.

Recommendation 8
4.85 The committee recommends that the Australian Government introduce
more stringent evidentiary requirements for labour market testing to ensure that
the intent of labour market testing arrangements is achieved and Australian
employment opportunities are protected.

Recommendation 9
4.88 The committee recommends that the Australian Government resolve not
to enter into any future free trade agreements that would involve labour market
testing waivers.

Recommendation 10
4.92 The committee recommends that the Australian Government undertake a
review of the use and effectiveness of labour agreements under Australia's skilled
migration program, and implement any necessary changes to ensure that:
• labour agreements are only entered into where there is publicly
demonstrated evidence of a genuine skills shortage that cannot be
addressed by the Australian workforce;
• all relevant stakeholders are genuinely consulted during the process of
finalising labour agreements and provided with appropriate feedback in
relation to concerns raised; and
• the Department of Home Affairs' reasons for entering into a labour
agreement (or a renewal of any labour agreement) are made publicly
available.

Recommendation 11
5.62 The committee recommends that the Australian Government guarantee
adequate, additional funding if the income from Skilling Australians Fund levies
does not meet the needs of industry and the vocational education sector to
provide high-quality training to apprentices and trainees.

Recommendation 12
5.72 The committee recommends that the Australian Government commit to
increasing overall funding levels for TAFE and vocational education and support
a comprehensive and thorough commission of inquiry into Australia's
post-secondary education system.

Recommendation 13
5.74 The committee recommends that the Australian Government consider
ways in which to encourage better information sharing between industry,
vocational education and training providers, and potential students in order to
encourage student uptake and local employment in industries experiencing skills
shortages.

Recommendation 14
5.79 The committee recommends that the Department of Education and
Training be required to present a report to Parliament bi-annually on the
progress of the National Partnership Agreement on the Skilling Australians
Fund and the extent to which it is achieving the outcome of addressing skills
shortages in the Australian labour market.

Recommendation 15
5.81 The committee recommends that the Australian Government work with
the Australian Bureau of Statistics and the National Centre for Vocational
Education and Research to investigate and establish a research instrument to
enable analysis of employer investment in the development and training of their
workforces.

Recommendation 16
6.68 The committee recommends that the Australian Government implement
all recommendations from the Report of the Migrant Workers' Taskforce as
soon as practicable.

Recommendation 17
6.69 The committee recommends that the Australian Government increase
funding for Taskforce Cadena—or a similar taskforce—to ensure that the
Taskforce is adequately resourced.

Recommendation 18
6.70 The committee recommends that the Australian Government require that
employers pay wages for temporary visa holders into an Australian bank
account.

Recommendation 19
6.71 The committee recommends that the Australian Government propose
amendments to the relevant law to make it unlawful for temporary visa workers,
including persons on student visas and working holiday visas, to apply for or to
hold, an Australian Business Number (ABN).

Recommendation 20
6.72 The committee recommends that the Australian Government consider
amending the Fair Work Act 2009 and the Migration Act 1958 to grant unions
standing, where appropriate, to commence civil actions for breaches of those
Acts in relation to visa work conditions.

Recommendation 21
6.73 The committee recommends that the Australian Government ensure that
unions have standing to complain to the Fair Work Ombudsman or the
Department of Home Affairs about concerns relating to the exploitation of
temporary visa workers, even if that worker is not a union member.

Source: Senate---Effectiveness-of-current-temp-skilled-visa-system-in-targeting-genuine-skills-shortages.pdf