Transformation of

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)
1994-95 1995-96 2004-05 2005-06
Permanent Migrants 87,400 99,100 123,424 131,600
Temporary Migrants 91,367 303,699 668,423 742,130

1. 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)
Eligibility Category 1996-97 (number) 2005-06 (number)
Skill 23.0 (24,100) 50.9 (91,500)
Family 45.2 (47,300) 25.6 (45,900)
Humanitarian Program 11.6 (12,200) 9.4 (17,000)
Non-program Migration 18.4 (19,300) 14.0 (25,100)
Source ABS (2007)
5
New Australian Labor Governments 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
1995-96
2005-06
Rank 000
Rank 000 Rank
000
UK 1 14.7 15.9 2 11.3 11.4 1 23.3 17.7
NZ 2 13.3 14.3 1 12.3 12.4 2 19.0 14.5
India 10 2.1 2.3 5 3.7 3.7 3 11.3 8.6
China (c) 5 3.1 3.4 3 11.2 11.3 4 10.6 8.0
Philippines 4 4.1 4.5 8 3.2 3.3 5 4.9 3.7
Sth Africa 6 3.1 3.4 9 3.2 3.2 6 4.0 3.0
Sudan 75 0.1 0.1 40 0.5 0.5 7 3.8 2.9
Malaysia 9 2.3 2.5 19 1.1 1.1 8 3.0 2.3
Singapore 26 0.9 0.9 25 0.8 0.8 9 2.7 2.0
Vietnam 3 7.2 7.7 6 3.6 3.6 10 2.7 2.0
Other . . 41.7 45.0 . . 48.3 48.7 . . 46.5 35.3
Total . . 92.6 100.0 . . 99.1 100.0 . . 131.6 100.0
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)
Year Overseas Students Working Holiday Makers Temporary Business Entrants Total
1994-05 52,506 38,861 nil 91,367
1995-06 63,073 42,685 197,941 303,699
2004-05 174,790 104,353 389,280 668,423
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
UK Korea Germany Ireland Japan France Canada
31,203 28,562 15,684 13,514 11,707 8,207 7,073
Source DIAC (2007a)
12
Long-term Arrivals and Permanent Migrants from
Korea (2006-07)
Students Working Holiday Makers Temporary Skilled Migrants (457 Visa) Permanent Migrants Total
26,415 (7.5) 28,562 (21.22) 2,401 2,092 59,470
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
USA China UK Malaysia Philippines Korea Indonesia
of total 10 9 8 6 6 5 5
Number 4,800 4,100 3,800 3,000 2,900 2,200 2,100
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 )
Industry (Occupation) Industry Casual Minimum Wages (a) Korean Community Casual Wages (b)
Cleaning Workers 18.12 /hour 11-12 / hour
Shop Assistant 19.10 /hour 8 / hour
Restaurant Worker 16.78 /hour 8-9 / hour
Construction Labourer 20.95 /hour 12 / hour
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)
Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004 Rates Applicable from 1 July 2004
Classification Per Hour   Per Day 7.2 Hours 0.8 RDO Accrual Per 36 Hours Time a Half Double Time
Tiling Labourer 19.09 137.45 15.27 687.24 28.64 38.18
Skilled Tile-layer 21.49 154.73 17.19 773.64 32.24 42.98
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.
• CFMEUs 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 Yus 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 workers compensation.

23
Mr Bak Se Yus meeting with the Korean Resource
Centre (KRC)

• On 10 December 2005, Mr Yu returned to Australia
  to seek work and to apply for workers
  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 Yus Case

• Mr Yu and the KRC prepared basic documents for
  his workers 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 Yus 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 Yus 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.