MYTH 1:
The
China FTA does not change existing protocols about labour market testing.
(National Farmers Federation 16 September 2015).
REALITY:
There can be no doubt that the China FTA puts
a permanent end to labour market testing for all Chinese nationals in all 651
skilled occupations in the standard or ‘non-concessional’ 457 visa
program. This includes over 200 occupations
which are currently subject to the 457 Labor Market Testing obligation –
engineers, nurses, and Skill Level 3 jobs like electricians, motor mechanics;
plus the 450 or so other mainly
graduate-level occupations where there is no testing now simply by government
policy.
The Government has expressly stated that in
order to implement our obligations under ChAFTA, a Migration Act Determination
is required in relation to labour market testing in the 457 visa program.
Clearly if nothing was changing there would be no determination.
The definition of 'contractual service
suppliers' of China, in combination with
other ChAFTA provisions, means that all standard business sponsors nominating
Chinese citizens for non-concessional 457 visas will no longer have to labour
market test.
The definition of 'contractual service
suppliers of China' is identical to that of 'contractual service suppliers of
Korea' in the Korea Free Trade Agreement. It is noteworthy that the Immigration
Department has advised registered migration agents that "The effect of the
obligations under the KAFTA is that labour market testing will NOT be applied
to Korean nationals/permanent residents or to employees of businesses in Korea
transferring to an Australian branch of that business being nominated under the
457 programme".
The China FTA also removes Australia’s right
to apply labour market testing in the 400 visa program, for Chinese ‘installers
and services’ of machinery and equipment.
At present there is no legislated requirement
for labour market testing in the 400 visa.
But by policy 400 visas are only granted to foreign workers to do
‘highly specialised work – that is, it involves skills, knowledge or
experience….which cannot reasonably be found in the Australian labour market.’
The China FTA will remove the Australian government’s
ability to apply this current test or indeed any form of labour market testing
to Chinese ‘installers and services’ in the 400 visa program.
MYTH 2:
We need a free trade agreement with China in
order to do business with China. New Zealand etc will steal a march on us if we
don't.
REALITY:
Australian agricultural exports to China have
trebled in the past six years, rising from $3 billion in 2007/8 to $9 billion
in 2013/14.
China had $27.7 billion - $12 billion of it
in Australian real estate - in investment proposals approved by the Foreign
Investment Review Board in the 2014 financial year, more than from any other
country. Chinese investors bought more real estate in Sydney and Melbourne
combined (almost $3.5 U.S. billion) than in each of London, Paris, and New
York.
Any China market access advantage for
Australian exporters will only be temporary.
Nothing in the deal prevents China from giving the same access to other
countries. But all Australian concessions will be permanent.
MYTH 3:
This agreement is the same as others we've
done. People who oppose it are being hypocritical at best and xenophobic or
racist at worse.
REALITY:
Both the words and the meaning of the China
deal are different from those of previous treaties.
The definition of "contractual service
suppliers" in the Chile deal refers to persons with "high-level
technical or professional qualifications, skills and experience". The
definition for the China, Korea and Japan deals was watered down to persons with
“trade, technical or professional skills and experience", with the words
"high-level" and "qualifications" being omitted.
The Department provided unequivocal advice to
the Treaties Committee in 2008 that the Chile deal was limited to professional
skilled business people, and people with high-level qualifications who are
already employed by an enterprise of the other country. The Department said the
Chile FTA would not widen the capacity for people to apply for 457 visas, and
was "not about nationals seeking access to the employment market; it is
about service professionals coming temporarily to Australia to deliver their
particular service and then leaving".
But with the China FTA there are over 650
trades and other occupations in the 457 program (including over 200 about which
the Department has said that there is labour market testing now) which can
never again be subject to labour market testing if this China deal comes into
force.
The Department also said the Chile deal did
not limit Australia's scope to change or abolish 457 visas. This is not true of
the China deal.
The ASEAN and Malaysian FTAs, which Labor
signed in government, provided labour market testing exemptions in the 457 visa
program for very limited categories of foreign nationals. The China deal gives
labour market testing exemptions to all Chinese nationals in the 457 program.
But wait, there's more. The initial period of
entry for temporary contractual service suppliers in the Japan and Korea FTAs
is one year. It is four years for the China FTA, four times as long.
The
China Deal also differs from other trade deals in that it has:
A Memorandum of Understanding on Investment Facilitation Arrangements – other deals do not. Workers under IFAs will be semi-skilled or substandard skilled workers. Both can have lower English skills than under the standard 457 visa, which will hamper their ability to understand their rights or complain about violation of them. Lower English skills also have worrying implications for workplace safety.
A side letter that removes mandatory skills assessment for ten skilled trades, including electricians, motor mechanics, and carpenters. Mandatory skills assessment for 457 visa applicants from high risk countries including China was introduced in 2009 by the former Labor Government as part of a series of reforms designed to restore some integrity to the 457 visa program. Prior to this it was all too common for employers to nominate Chinese and other overseas workers as skilled 457 workers in trade occupations but work them as semi-skilled or unskilled workers. Some Chinese workers granted 457 visas as professional engineers were found to be working as labourers on Australian construction sites. There were also well-founded concerns about the trade training standards and the extent of qualifications and document fraud in certain countries including China. Authorities like the World Bank say those concerns are still valid.
- A Memorandum of Understanding which provides young Chinese with 5000 work and holiday visas each year, with the right to work in Australia for the full 12 months of the year. There is no reciprocal arrangement for young Australians to work and holiday in China.