A Bill for an Act to amend the Fair Work Act 2009, the Migration Act 1958, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Protecting Local Jobs (Regulating Enterprise Migration Agreements) Act 2012.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Fair Work Act 2009
1 Section 12
Insert:
EMA participant has the meaning given by subsection 140ZKB(2) of the Migration Act 1958.
2 Section 12
Insert:
enterprise migration agreement has the meaning given by subsection 140ZKB(1) of the Migration Act 1958.
3 At the end of section 528
Add:
Division 4 deals with the Minister agreeing to the making of enterprise migration agreements and provides for the Minister to impose conditions on the agreements. Enterprise migration agreements are made under Division 3B of Part 2 of the Migration Act 1958.
4 At the end of Part 3‑6
Add:
Division 4—Enterprise migration agreements
536A Agreeing to enterprise migration agreements
(1) The Minister must not agree to the making of an enterprise migration agreement unless the Minister is satisfied that the EMA participant concerned has complied, and will continue to comply, with workplace laws.
(2) Subsection (1) does not limit the grounds on which the Minister may refuse to agree to the making of an enterprise migration agreement.
536B Conditions on enterprise migration agreements
(1) The Minister may impose one or more of the following conditions on the making of an enterprise migration agreement:
(a) that the EMA participant concerned has a local jobs plan;
(b) that the EMA participant concerned employs specified numbers of Australian residents on the resource project concerned, including persons from one or more of the following groups:
(i) people living near the project;
(ii) people who have been recently retrenched;
(iii) people from culturally and linguistically diverse communities with high rates of unemployment;
(iv) people from indigenous groups;
(v) people from regions with high rates of unemployment;
(c) that the EMA participant concerned provides specified training to persons employed in accordance with a condition under paragraph (b);
(d) that the EMA participant concerned provides, or contributes to, training for Australian residents other than those employed in accordance with a condition under paragraph (b).
Migration Act 1958
5 Subsection 5(1)
Insert:
EMA participant has the meaning given by subsection 140ZKB(2).
6 Subsection 5(1)
Insert:
enterprise migration agreement has the meaning given by subsection 140ZKB(1).
7 Subsection 5(1)
Insert:
Workplace Relations Minister means the Minister administering section 1 of the Fair Work Act 2009.
8 After Division 3A of Part 2
Insert:
Division 3B—Enterprise migration agreements
140ZKA Object of Division
This Division is enacted to regulate the use of enterprise migration agreements to ensure such agreements are used only where genuinely necessary and do not adversely affect local job opportunities.
140ZKB Meaning of enterprise migration agreement
(1) The Minister may make a work agreement (the enterprise migration agreement) with an EMA participant to grant temporary visas for work on a resources project.
(2) The EMA participant is:
(a) the project owner of the resources project; or
(b) the prime contractor for the resources project.
140ZKC Conditions for making enterprise migration agreements
(1) The Minister must not make the enterprise migration agreement unless the Minister is satisfied that:
(a) the EMA participant has made all practicable attempts to employ local workers for the jobs to be covered by the enterprise migration agreement, including by advertising the jobs (other than on the local jobs board); and
(b) the jobs have been advertised on the local jobs board.
(2) The local jobs board is to be a website:
(a) listing jobs to be filled in the resources sector; and
(b) maintained by the Workplace Relations Minister.
140ZKD Workplace Relation Minister may impose further conditions
(1) The Minister must not make the enterprise migration agreement unless:
(a) the Workplace Relations Minister has agreed to the making of the agreement; and
(b) the agreement is made subject to any conditions imposed by the Workplace Relations Minister.
(2) A condition imposed by the Workplace Relations Minister:
(a) must be given to the EMA participant in writing; and
(b) is a sponsorship obligation.
(3) This section does not limit the sponsorship obligations that may be imposed under an enterprise migration agreement.
140ZKE Enterprise migration agreements to be tabled in Parliament
If the Minister makes the enterprise migration agreement, the Minister must cause a copy of the agreement to be tabled in each House of the Parliament as soon as practicable.