Media Releases

The Productivity Commission released its final report on Australia’s Workplace Relations System today. FECCA made two submissions and appeared before a public hearing of the inquiry.

Chapter 29 of the report examines the ways in which migrant workers interact with the national workplace relations system. The Commission’s report acknowledges that temporary workers are more vulnerable to exploitation.

The Commission makes the following recommendations:

• The Department of Immigration and Border Protection and the Fair Work Ombudsman should improve the information available on their websites about migrant workers’ workplace rights and conditions. They should also explore other ways of providing migrants with this information, ensuring that it is in easily accessible languages and formats.
• The Australian Government should give the Fair Work Ombudsman additional resources to identify, investigate, and carry out enforcement activities against employers that are underpaying workers, particularly migrant workers.
• Penalties for breaching Reg. 3.44 of the Fair Work Regulations 2009 (Cth) by keeping false or misleading documents are required under the Regulations and the Fair Work Act 2009 (Cth) should be increased to be aligned with similar penalties under s. 234 of the Migration Act 1958 (Cth).
• The Australian Government should amend the Fair Work Act 2009 (Cth) to clarify that, in instances where migrants have breached the Migration Act 1958 (Cth), their employment contract is valid and the Fair Work Act 2009 (Cth) applies.
• Subject to arrangements that ensure that this is lawful, the Fair Work Ombudsman should not share any identifying information with the Department of Immigration and Border Protection about a migrant who has only breached their employment-related visa conditions. The Department of Immigration and Border Protection should share any information with the Fair Work Ombudsman about a migrant and their employer, when they suspect an employer has underpaid a migrant.

FECCA is pleased to see that the Commission has placed emphasis on providing information to migrant workers about their workplace rights and entitlements in a variety of formats. The report acknowledges the important role that community groups and outreach programs have in informing migrant workers of their rights and providing them with support. The Commission agrees with FECCA and the Salvation Army’s joint recommendation that earlier involvement of community organisations with working migrants could empower them to recognise and report exploitative relationships.

We are encouraged to see that Commission has recommended amending the Fair Work Act to clarify the position of unlawful migrant workers. FECCA’s submission recommended that legislative measures be taken to address the gap at the intersection of the Fair Work Act and the Migration Act which creates uncertainty able the applicability of the Fair Work Act to migrant workers who may be unknowingly or unwillingly in breach of their visa conditions.

We believe that further work needs to be done to allow migrant workers who have been trafficked or subject to exploitation to remain in Australia to pursue civil remedies from their employer and/or participate in Fair Work processes.

Additionally, the impact of continuing and possibly expanding Fair Work inspectors’ immigration compliance responsibilities for adverse impacts on inspectors’ ability to establish trust with workers should be evaluated. FECCA hopes that the Commission’s recommendations about the role of the Fair Work Ombudsman are carefully considered by the Government.

Media comments: FECCA Office – (02) 6282 5755 or admin@fecca.org.au

The Federation of Ethnic Communities’ Councils of Australia (FECCA) has made a submission to the Productivity Commission on the Commission’s draft report regarding Australia’s Migrant Intake. We commend the Commission on its draft report, which is comprehensive and gives due regard to the social and cultural benefits of migration.

FECCA’s submission responds to information requests in the draft report, providing information on:

• The importance and future of the Adult Migrant English Program (AMEP); and
• Supporting acceptance of multiculturalism and addressing racial discrimination.

The submission also emphasises the importance of family reunion for successful settlement. The social and particularly economic contribution of Family stream migration should not be under-estimated. FECCA is concerned that overlooking the benefits of Family migration may lead to the system being heavily skewed to skilled migration.

You can read the submission here.

FECCA looks forward to the Productivity Commission’s final report, due to be released early next year.

Media comments: FECCA Office – (02) 6282 5755, admin@fecca.org.au

Joint statement by the Federation of Ethnic Communities’ Councils of Australia (FECCA), National Welfare Rights Network and National Ethnic Disability Alliance (NEDA).

The government is proposing to save $225 million over four years by removing exemptions from the Newly Arrived Resident’s Waiting Period for new migrants who are family members of Australian citizens or permanent residents from 1 January 2017.

The effect of this is to reduce support for new Australian families. This is short sighted policy that affects vulnerable families facing the challenges of adapting to life in a new country, just when they need more support not less. Supporting new migrants to Australia benefits the whole community.

Under the current law, new migrants to Australia generally have to wait two years after the grant of their permanent visa before they can access most income support payments. However there are some exemptions from this two year Newly Arrived Resident’s Waiting Period (NARWP), which include an exemption for a person who is a family member of an Australian citizen or permanent resident (of at least two years). This exemption is mainly for partners or children of an Australian citizen or permanent resident. Other people may be treated as family members, but in practice this is rare.

In our experience, this measure will mainly affect partners of Australian citizens or permanent residents. Its effect will be to reduce support to these families at a critical time, increasing financial stress and hardship.

We call on the government not to proceed with this proposal.

Media comments: FECCA Office – (02) 6282 5755, admin@fecca.org.au

The Australian Human Rights Commission’s Willing to Work Inquiry is examining the practices, attitudes and laws that deny or diminish equal participation of older Australians and Australians with disability in employment.  FECCA and NEDA recently made a joint submission to the Inquiry, examining employment discrimination experienced by CALD people with disability, and older CALD people.

The submission was informed by extensive consultation and research.  FECCA hosted a consultation for culturally and linguistically diverse people with disability and older CALD people in Sydney earlier this year.  The consultation was held jointly by FECCA, the Australian Human Rights Commission, the National Ethnic Disability Alliance (NEDA) and Multicultural Disability Advocacy Association.  Following the consultation we were able to make recommendations on the Commonwealth laws that should be amended, and actions that should be taken to address employment discrimination against older Australians and Australians with disability.

The submission highlighted that CALD people with disability and mature CALD Australians are exposed to multiple forms and types of discrimination due to the intersecting ableist, racist, ageist, sexist and classist systems of oppression.  CALD people with disability and mature CALD Australians often experienced direct and indirect forms of discrimination.

To read the FECCA and NEDA joint submission click here.

To read our submission on the inquiry into inhibitors to employment for small business and disincentives to working for individuals click here.

To read our submission on the Productivity Commission’s Workplace Relations Framework Inquiry click here.

Media Comments: FECCA Office – (02) 6282 5755, media@fecca.org.au.

The Commonwealth Parliament has passed the Australian Citizenship Amendment (Allegiance to Australia) Bill.  This legislation amends the Australian Citizenship Act to broaden the powers relating to the cessation of Australian citizenship for those persons engaging in terrorism and who are a serious threat to Australia and Australia’s interests.

FECCA made a submission to the Parliamentary Joint Committee on Intelligence and Security when it examined the Bill, and also appeared before a public hearing of the Committee.  The Committee made a number of recommendations which were adopted by the Government and incorporated into the Bill.  FECCA was encouraged by many of these recommendations, particularly those relating to children and addressing procedural concerns raised in the conduct of the inquiry.

FECCA continues to hold concerns about the ‘self-executing’ nature of this legislation and its retrospective operation.

“We are concerned about the effect that this legislation could have on social cohesion, and the possibility that it may create two classes of Australian citizens” said FECCA Chairperson Joe Caputo.

FECCA stresses the importance of respect, tolerance and social inclusion to build an accepting, cohesive and unified Australia.

Media Comments: FECCA Office – (02) 6282 5755, media@fecca.org.au.

The Department of Social Services recently released their consultation report on the NDIS Quality and Safeguarding Framework.  The Framework aims to create a national approach to quality and safeguarding to ensure consistency in disability services across states and territories.  The new National Framework will replace current measures managed through State-based legislation and funding agreements.

The Federation of Ethnic Communities’ Councils of Australia (FECCA) made a written submission and attended a consultation hosted by the Department as part of this process.

FECCA made a number of recommendations about the provision of information about the NDIS, rights of parties, and relevant laws and regulations with emphasis on culturally and linguistically diverse (CALD) communities.  The consultation report acknowledged there was a requirement for culturally appropriate and sensitive information, and a necessity to make available a range of basic to more comprehensive information, depending on need.  The report also discussed the need for strategies to reach CALD communities through active engagement and specific targeted campaigns, including engaging and working with communities and the use of community radio.

FECCA has consistently raised concerns about the availability of choice for CALD consumers in the NDIS, and the need to ensure that the NDIS accreditation system for providers recognises the needs of CALD communities, including that they may have to find providers from their own communities to access appropriate services.  The consultation report acknowledged general concerns about the difficulties of attracting and maintaining a skilled workforce.  It also recognised particular concerns about building the market in regional and remote areas, on guaranteeing appropriate services for culturally and linguistically diverse communities.

In our submission, FECCA recommended establishing a robust vetting process for all support workers where the criminal history and capability/capacity to work with vulnerable groups of people are thoroughly assessed.  When undertaking the process, consideration should be given to humanitarian entrants who may not be in a position to obtain police checks from previous countries of residence.  Determination of their suitability in coordination with migration authorities may be considered in this regard.  The consultation report notes the issues raised in relation to humanitarian entrants.

Finally, the consultation report highlighted CALD participants in the consultation process strongly supported the need to build the capacity of providers to ensure cultural competency, this included procuring some level of qualification.

Based on this consultation report, Commonwealth, State and Territory Governments will work together to prepare a Decision Regulation Impact Statement for consideration by Ministers in early 2016.  FECCA will continue to monitor the implementation of the NDIS and engage with the Government to ensure that the needs of CALD people with disability are considered in policy-making.

Media Comments: FECCA Office – (02) 6282 5755, media@fecca.org.au.