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Transformation of Australian Immigration Policy 1990s – 2000s and

Transformation of Australian Immigration Policy 1990s – 2000s and Wages for Temporary and Undocumented Migrant Workers. Australian Im migration Policy. Until the 1970s: Population growth and economic development 1970s - early 1990s: Filling the skill gaps with permanent migrants

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Transformation of Australian Immigration Policy 1990s – 2000s and

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  1. Transformation of Australian Immigration Policy 1990s – 2000s and Wages for Temporary and Undocumented Migrant Workers

  2. Australian Immigration Policy • Until the 1970s: Population growth and economic development • 1970s - early 1990s: Filling the skill gaps with permanent migrants • Mid 1990s - present: Sub-policy of labour market flexibility focusing on skilled migrants, in particular, temporary migrants Current Australian Immigration Policy has enabled management to further cut labour costs.

  3. Table 1: Permanent and Temporary Migrants (a) (1994-05, 1995-06, 2004-05 & 2005-06) • Temporary migrants include Temporary Business Long Stay, Temporary Business Short Stay, Overseas Students and Working Holiday Makers.

  4. Table 2: Permanent Migrants by Eligibility Category (1996-97 & 2005-06) Source: ABS (2007)

  5. New Australian Labor Government’s Skill Incentive Immigration Policy 2008 - 09 Projected figures from 2008-09 Federal Budget: • Permanent immigration: 190,300 migrants in total • Proportion of skilled migrants: 133,500 migrants Skilled migrants will represent 70% of total permanent immigration (Kelly, 17-18 May 2008: p. 1 & 19)

  6. Table 3: Permanent Migrants by Country of Birth ___________________________________________________________________________________________________________ Country 1985-86 1995-962005-06 Rank ’000 % Rank ’000 % Rank ’000 %

  7. Figure 1: Temporary Migrant Visas Granted, 1986-87 to 2004-2005 a,b

  8. Table 4: Number of Temporary Migrant Visas Granted (1994-95, 1995-96 and 2004-05) Source: Productivity Commission (2006: 213)

  9. 457 Working Visa Holders • The 457 visa scheme (Temporary Business Entrants - Long Stay), was set up by the conservative Howard Government (1996-2007) • Brings temporary workers with higher skills to tackle skill shortages. • Employers sponsor the entry of foreign workers.

  10. Working Holiday Makers • unskilled temporary workers • under the age of 31 • 52,978 in 1996-97 • 134,612 in 2006-07 • Korean workers: 561 in 1996-97 28,562 in 2006-07

  11. Source Countries of Most of the Working Holiday Visas Granted in 2006-07 Source: DIAC (2007a)

  12. Long-term Arrivals and Permanent Migrants from Korea (2006-07) Source: DIAC (2008); DIAC (2007a)

  13. Undocumented Workers Australian immigration policies focus on: • Permanent skilled migrants – point system • Temporary skilled workers - require a sponsor • Working Holiday Maker - unskilled workers under the age of 31 years These limited immigration policies have encouraged some workers to seek informal entry into the Australian labour market.

  14. Undocumented Workers • ‘Undocumented’ workers includes ‘over-stayers’ and people who have not overstayed but are working without working visas. • There were approximately 60,000 ‘undocumented’ workers in 2006-07. • There were approx. 46,500 ‘over-stayers’ in 2007.

  15. Table 7: Nationality of Over-stayers Source: DIAC (2007c)

  16. Table 8: Unskilled Temporary Migrant Workers’ Hourly Wages in the Sydney Korean Community and Industry Casual Minimum Wages in 2008 (AUS $) a) The wages include about 15% tax. The workers have to be paid a minimum 9% superannuation of their total wages. b) The wages are paid on a cash-in hand basis. The workers are not paid superannuation.

  17. Table 9:Temporary Migrant and Undocumented Tiling Workers Wages paid on a Cash-in Hand Basis in the Sydney Korean Community in 2004 (AUS $) ____________________________________________________ Wage Period of Daily Wage 5 days /week Categories Experience Labourer 1 (0-1 month) 100 500 Labourer 2 (1-3 months) 110 550 Labourer 3 (3-4 months) 120 600 Labourer 4 (4-6 months) 130-40 650-700 Labourer 5 (6 months-1 year) 150-160 750-800 Semi-skilled (1 year - 2 years) 170-180 850-900 Skilled 1 (2 years- 2.5 years) 190-200 950-1,000 Skilled 2 (2.5 years - 3 years) 210-250 1,100-1,250 Skilled 3 (3 years-5 years) 260-290 1,300-1,450 Leading hand (5 years +) 300 + 1,500 + ____________________________________________________

  18. Table 10 : Enterprise Bargaining Agreement 2003-2005 (NSW) Source: Bettertiles Contracting Pty Ltd and CFMEU (2003: 24); Fifa Group Tiles Pty Ltd and CFMEU (2004: 24)

  19. The Campaign for Legalising Korean Undocumented Tiling Workers in 2000-01 Background: • In March 2000, the Construction Forestry Mining Energy Union, Construction Division NSW Branch (CFMEU) started to check the passports of the Korean-born tiling workers. • CFMEU’s objective was to reduce the number of undocumented workers and stop the lowering of wages and working conditions.

  20. Campaign • The Korean Tilers Division (KTD) demanded the CFMEU help the KTD to legalise Korean undocumented tiling workers. • The CFMEU met with the Department of Immigration and Multicultural Affairs (DIMA) • DIMA agreed to grant 457 working visas to tile-layers who satisfied the following conditions: - hold a valid tourist or student visa and not overstay the visa; or - not overstay the visa for more than 28 days.

  21. Outcomes of Legalising Campaign • The legalising campaign encouraged tiling subcontractors to sponsor Korean-born tile-layers on 457 working visas. • Approximately 100 Korean-born tile-layers received 457 working visas. • The Korean-born tile-layers improved their understanding of Australian industrial relations standards and regulations.

  22. Mr Bak Se Yu’s Case • Mr Bak Se Yu is now a 64 year old steel worker. • Mr Yu was seriously injured in his right and left arms and his hip when he fell down a ladder at his workplace in Sydney on 21 November 1988 • After this injury, he returned to Korea because he could not work and was not aware of his rights to claim worker’s compensation.

  23. Mr Bak Se Yu’s meeting with the Korean Resource Centre (KRC) • On 10 December 2005, Mr Yu returned to Australia to seek work and to apply for worker’s compensation. • In August 2006, he met Joon Shik Shin from the KRC to tell his story about his serious injury and his hard life in Korea.

  24. Preparation for Mr Yu’s Case • Mr Yu and the KRC prepared basic documents for his worker’s compensation claim. • His solicitor from Taylor and Scott Lawyers lodged an ‘Application to Resolve a Dispute’ in the Workers Compensation Commission.

  25. Outcome for Mr Yu • On 9 December 2007, Mr Yu was finally compensated about AUS $ 300,000 for workers’ compensation and unpaid wages. • The insurance company was ordered by the Commission to pay Mr Yu’s re-operation fees and medical expenses relating to his workplace injuries for the rest of his lifetime.

  26. The Exceptional Case of Mr Yu • He was injured about 19 years ago. • Workers’ compensation claims must be submitted within 3 years of the injury. • However, Mr Yu’s injury was so serious that it continued to afflict him for almost 2 decades. • Documentation existed to support his claim. • For these reasons, his compensation claim was successful.

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