The Government has made misleading statements about the temporary worker arrangements in the China FTA. The government claims that despite the words in the agreement the Immigration Department will apply separate guidelines to test if local workers are available before expanding the numbers of temporary overseas workers.
Any such guidelines are not legally binding and could be challenged by the Chinese Government because the agreement makes legally binding commitments that there will be no labour market testing.
Here are the specific sections of the Agreement which show why these government statements are misleading..
See also the lupdated AFTINET fact sheet on workers' rights and ISDS in the China FTA
You can email your local federal MP or Senator about this..Contact details are at http://www.aph.gov.au/Senators_and_Members/Members
The text of the China FTA was tabled in Parliament on June 17, 2015, and will be reviewed by the Joint Standing Committee on Treaties and by the Senate Foreign Affairs Defence and Trade Committee. See AFTINET submission here..
Parliament will only get to vote on the implementing legislation, not on the whole text of the agreement. There is already strong public opposition and concerns from MPs because there are special arrangements for Chinese companies investing more than A$150 million to import many temporary workers without testing if local workers are available, and it will allow Chinese companies to sue the Australian government in international tribunals over changes in domestic legislation.