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This is a Bill, not an Act. For current law, see the Acts databases.
PROTECTING LOCAL JOBS (REGULATING ENTERPRISE MIGRATION AGREEMENTS) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Protecting Local Jobs (Regulating
Enterprise Migration Agreements) Bill
2012
No. , 2012
(Mr Bandt)
A Bill for an Act to amend the Fair Work Act 2009,
the Migration Act 1958, and for related purposes
i Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No. ,
2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Fair Work Act 2009
3
Migration Act 1958
4
Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No. , 2012
1
A Bill for an Act to amend the Fair Work Act 2009,
1
the Migration Act 1958, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Protecting Local Jobs (Regulating
5
Enterprise Migration Agreements) Act 2012.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
2 Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No.
, 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No. , 2012
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
5
EMA participant has the meaning given by subsection 140ZKB(2)
6
of the Migration Act 1958.
7
2 Section 12
8
Insert:
9
enterprise migration agreement has the meaning given by
10
subsection 140ZKB(1) of the Migration Act 1958.
11
3 At the end of section 528
12
Add:
13
Division 4 deals with the Minister agreeing to the making of
14
enterprise migration agreements and provides for the Minister to
15
impose conditions on the agreements. Enterprise migration
16
agreements are made under Division 3B of Part 2 of the Migration
17
Act 1958.
18
4 At the end of Part 3-6
19
Add:
20
Division 4--Enterprise migration agreements
21
536A Agreeing to enterprise migration agreements
22
(1) The Minister must not agree to the making of an enterprise
23
migration agreement unless the Minister is satisfied that the EMA
24
participant concerned has complied, and will continue to comply,
25
with workplace laws.
26
Schedule 1 Amendments
4 Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No.
, 2012
(2) Subsection (1) does not limit the grounds on which the Minister
1
may refuse to agree to the making of an enterprise migration
2
agreement.
3
536B Conditions on enterprise migration agreements
4
(1) The Minister may impose one or more of the following conditions
5
on the making of an enterprise migration agreement:
6
(a) that the EMA participant concerned has a local jobs plan;
7
(b) that the EMA participant concerned employs specified
8
numbers of Australian residents on the resource project
9
concerned, including persons from one or more of the
10
following groups:
11
(i) people living near the project;
12
(ii) people who have been recently retrenched;
13
(iii) people from culturally and linguistically diverse
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communities with high rates of unemployment;
15
(iv) people from indigenous groups;
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(v) people from regions with high rates of unemployment;
17
(c) that the EMA participant concerned provides specified
18
training to persons employed in accordance with a condition
19
under paragraph (b);
20
(d) that the EMA participant concerned provides, or contributes
21
to, training for Australian residents other than those
22
employed in accordance with a condition under
23
paragraph (b).
24
Migration Act 1958
25
5 Subsection 5(1)
26
Insert:
27
EMA participant has the meaning given by subsection
28
140ZKB(2).
29
6 Subsection 5(1)
30
Insert:
31
enterprise migration agreement has the meaning given by
32
subsection 140ZKB(1).
33
Amendments Schedule 1
Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No. , 2012
5
7 Subsection 5(1)
1
Insert:
2
Workplace Relations Minister means the Minister administering
3
section 1 of the Fair Work Act 2009.
4
8 After Division 3A of Part 2
5
Insert:
6
Division 3B--Enterprise migration agreements
7
140ZKA Object of Division
8
This Division is enacted to regulate the use of enterprise migration
9
agreements to ensure such agreements are used only where
10
genuinely necessary and do not adversely affect local job
11
opportunities.
12
140ZKB Meaning of enterprise migration agreement
13
(1) The Minister may make a work agreement (the enterprise
14
migration agreement) with an EMA participant to grant temporary
15
visas for work on a resources project.
16
(2)
The
EMA participant is:
17
(a) the project owner of the resources project; or
18
(b) the prime contractor for the resources project.
19
140ZKC Conditions for making enterprise migration agreements
20
(1) The Minister must not make the enterprise migration agreement
21
unless the Minister is satisfied that:
22
(a) the EMA participant has made all practicable attempts to
23
employ local workers for the jobs to be covered by the
24
enterprise migration agreement, including by advertising the
25
jobs (other than on the local jobs board); and
26
(b) the jobs have been advertised on the local jobs board.
27
(2)
The
local jobs board is to be a website:
28
(a) listing jobs to be filled in the resources sector; and
29
(b) maintained by the Workplace Relations Minister.
30
Schedule 1 Amendments
6 Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 No.
, 2012
140ZKD Workplace Relation Minister may impose further
1
conditions
2
(1) The Minister must not make the enterprise migration agreement
3
unless:
4
(a) the Workplace Relations Minister has agreed to the making
5
of the agreement; and
6
(b) the agreement is made subject to any conditions imposed by
7
the Workplace Relations Minister.
8
(2) A condition imposed by the Workplace Relations Minister:
9
(a) must be given to the EMA participant in writing; and
10
(b) is a sponsorship obligation.
11
(3) This section does not limit the sponsorship obligations that may be
12
imposed under an enterprise migration agreement.
13
140ZKE Enterprise migration agreements to be tabled in
14
Parliament
15
If the Minister makes the enterprise migration agreement, the
16
Minister must cause a copy of the agreement to be tabled in each
17
House of the Parliament as soon as practicable.
18