资源环境科技发展态势分析平台

Concerns over the impact of the TPP-11 trade agreement on temporary skilled migration to Australia are not borne out by the facts.

Several recent Australian free trade agreements have included provisions streamlining temporary entry of business people and related categories of employees under Australia’s temporary skilled migration system.

The ACTU has argued that by waiving labour market testing these provisions will lead to influxes of foreign workers, putting job opportunities for Australian residents at risk.

In fact, Department of Home Affairs statistics show the number of workers granted sub-class 457 visas (now Temporary Skills Shortage visas) from Australia’s three North Asian FTA partner economies has actually fallen since the trade agreements came into effect.

As the attached fact sheet shows:

• In the two years since the China-Australia Free Trade Agreement came into effect, the number of primary 457 visas granted to Chinese nationals has fallen by nearly a third, significantly more than the overall decline in 457 visa grants.
• In the three years since FTAs with Japan and Korea came into effect, there has been no discernible increase in numbers of 457 visas granted to nationals from those countries.
• The six TPP-11 countries covered by labour market testing waivers account for just 1.2 per cent of trades and semi-skilled workers under Australia’s temporary skilled migration program.

Australia’s real-world experience with free trade agreements shows that the concerns about the impact of the TPP-11 on temporary migration are not supported by the evidence.

Similarly, the TPP contains extensive safeguards regarding Investor-State Dispute Settlement (ISDS).

In free trade agreements negotiated over the past three decades, Australia has advocated the inclusion of ISDS provisions to provide protection for Australian companies investing abroad. The fact is that ISDS promotes investor confidence and can protect against sovereign or political risk.

The right of sovereign nations to regulate to protect public welfare, including in healthcare and the environment, is clearly preserved under the TPP-11’s ISDS provisions. Furthermore, in Australia’s case, there are specific safeguards for tobacco plain packaging laws and the Pharmaceutical Benefits Scheme.

The TPP-11 also contains extensive procedural safeguards which require parties to consult and negotiate before launching an ISDS claim as well as transparency of arbitration proceedings and arbitrator independence and impartiality.

The inclusion of these provisions is clearly in Australia’s interests as Australian companies grow and invest abroad.  

Narrow scare-mongering on the TPP-11 by the ACTU will only serve to damage Australia’s national interest. 

ends

Movement of persons MR and fact sheet.pdf

Movement of persons MR and fact sheet.pdf