Bill
Migration Amendment (Skilling Australians Fund) Bill 2018
passed, as at 2018-05-22. Immigration and Border Protection portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration and Border Protection
Recorded stages
- introduced — 2017-10-18
- second reading — 2017-10-18
- second reading — 2018-02-07
- second reading — 2018-02-08
- second reading — 2018-02-08
- committee — 2018-02-08
- committee — 2018-02-12
- third reading — 2018-02-12
- introduced — 2018-02-13
- second reading — 2018-02-13
- second reading — 2018-02-15
- second reading — 2018-02-15
- committee — 2018-02-15
- committee — 2018-05-08
- third reading — 2018-05-08
- other — 2018-05-09
- passed — 2018-05-09
- royal assent — 2018-05-22
Divisions
- The majority voted against an amendment to the usual second reading motion, which is "*that the bill be read for a second time*" - parliamentary jargon for agreeing with the main idea of the bill. This means it failed. ### Amendment text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House notes the failure of the Government to protect local jobs by failing to legislate strict labour market testing".* — 2018-02-08, House of Representatives: negative, ayes 71, noes 77
- The majority voted against [amendments](https://www.openaustralia.org.au/debate/?id=2018-02-08.44.1) introduced by Blair MP [Shayne Neumann](https://theyvoteforyou.org.au/people/representatives/blair/shayne_neumann) (Labor), which means they failed. ### What did the amendments do? Mr Neumann [explained that](https://www.openaustralia.org.au/debate/?id=2018-02-08.44.1): > *... these amendments are to ensure proper labour market testing is in place. There needs to be real, genuine and strict labour market testing. Labour market testing requires that employers who want to bring in overseas workers test the local labour market first, to give Australians and permanent residents the first chance at local jobs. This is to make sure that, if no suitably and qualified local workers are readily available, we can bring people from overseas with the skill, talent and ability to contribute to our economy. These amendments are all about putting local workers first.* > > *Although the legislation allows the immigration minister to determine by legislative instrument the manner of labour market testing, it doesn't provide that he can follow through on it. The minister may only include the following in the legislative instrument: the language to be used in advertising, the advertising method, the period during or prior to nomination in which the advertisement must occur, and the duration of the advertising. The government's bill asks Australians to trust the immigration minister to do the right thing in this legislative instrument, which is non-disallowable. Many on the opposite benches, including the Prime Minister and the Treasurer, when he was the shadow minister for immigration, have voted again and again in this place against labour market testing. They can't be trusted to do the right and proper thing to protect Australian jobs.* ### Amendment text > *(1) Schedule 1, page 8 (after line 10), after item 14, insert:* > >> *14A At the end of subsection 140GBA(4)* >> >> *Add "The p — 2018-02-12, House of Representatives: negative, ayes 68, noes 77
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2018-02-15.197.1) introduced by NSW Senator [Doug Cameron](https://theyvoteforyou.org.au/people/senate/nsw/doug_cameron) (Labor), which means they passed. ### What does the amendment do? Senator Cameron [explained that](https://www.openaustralia.org.au/senate/?gid=2018-02-15.197.1): > *These amendments try to deal with the lack of certainty that has been expressed by business, the vocational education system, academics and states and territories around the country. These are designed to make sure, if we've got labour market testing, that the labour market testing is understood, that it is genuine and that those employers that want to bring in overseas workers properly test the local market. It's to make sure that there are no suitably qualified and experienced local workers readily available who cannot get access to the employment to fill the positions.* ### Amendment text > *(1) Schedule 1, page 8 (after line 10), after item 14, insert:* > >> *14A At the end of subsection 140GBA(4)* >> >> *Add "The period must not start earlier than 4 months before the nomination is received by the Minister.".* > > *(2) Schedule 1, item 15, page 8 (after line 24), after subsection 140GBA(6), insert:* > >> *(6AA) The Minister must not make a determination under subsection(5) unless the Minister is reasonably satisfied that any advertising of the position undertaken in the determined manner:* >> >>> *(a) will be targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens or Australian permanent residents would be likely to be informed about the position; and* >>> >>> *(b) will set out any skills or experience requirements that are appropriate to the position.* >> >> *(6AB) A duration determined for the purposes of paragraph (6) (d) must be at least 4 weeks.* — 2018-02-15, Senate: affirmative, ayes 38, noes 28
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2018-05-08.9.1) introduced by South Australian Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff). This means they'll now be included in the bill. ### What do these amendments do? Senator Griff [explained that](https://www.openaustralia.org.au/senate/?gid=2018-05-08.9.1): > *we have proposed an amendment for a review of the legislation in 18 months, to look at any unintended consequences on employers paying the levy. Allowing the levy to operate for a year before reviewing its operation should provide better information through which to fine-tune the program.* ### Amendment text > *(1) Clause 2, page 2 (table item 1, column 1), omit "3", substitute "4".* > > *(2) Page 3 (after line 5), after clause 3, insert:* > >> *4 Review of operation of amendments* >> >> *(1) The Minister must cause an independent review of the operation of the amendments made by this Act.* >> >> *(2) The review must:* >> >>> *(a) start as soon as practicable after 18 months after Royal Assent; and* >>> >>> *(b) be completed within 6 months.* >> >> *(3) The Minister must cause a written report about the review to be prepared.* >> >> *(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.* >> >> *(5) The report is not a legislative instrument.* — 2018-05-08, Senate: affirmative, ayes 36, noes 32
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-05-08.13.1) introduced by South Australian Senator [Sarah Hanson-Young](https://theyvoteforyou.org.au/people/senate/sa/sarah_hanson-young) (Greens), which means it failed. ### What did this amendment do? Senator Hanson-Young [explained that](https://www.openaustralia.org.au/senate/?gid=2018-05-08.13.1): > *The Greens amendment that I have moved exempts universities and registered training organisations from the Skilling Australians Fund charge. It does so because the Skilling Australians Fund is supposed to be about paying to train Australians to fill skills shortages. There's no economic rationale for charging trainers to fund trainers. Australia has no monopoly on world-class educators and researchers. We compete with the rest of the world for the best and brightest to create our own best and brightest. This bill, if it goes through unamended, will work against Australia's ability to do that. If we're going to make that harder, we're going to be short-changing ourselves.* ### Amendment text > *(1) Schedule 1 , item 12 , page 6 (after line 6) , after section 140ZM , insert:* > >> *140ZMA Exemption for higher education providers and registered training organisations* >> >> *Despite section 140ZM, the following are not liable to pay nomination training contribution charge:* >> >>> *(a) higher education providers (within the meaning of the Higher Education Support Act 2003);* >>> >>> *(b) registered training organisations (within the meaning of the National Vocational Education and Training Regulator Act 2011).* — 2018-05-08, Senate: negative, ayes 9, noes 41
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2017-10-18.
The bill would make employers pay a charge when they sponsor a worker under skilled migration programmes.
The charge would fund a training account run by the Department of Education and Training to improve Australians' skills.
The bill also lets the Minister set rules by legislative instrument for how labour market testing must be done and what evidence is needed.
- Requires employers sponsoring skilled migrants to pay a nomination training contribution charge.
- Allows nominations from people who have applied to be an approved sponsor or are negotiating a work agreement.
- Permits the Minister to determine labour market testing requirements and evidence through a legislative instrument.
Employers who nominate workers under temporary and permanent skilled migration programmes.
Sources
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frl act