Using overseas labour as part of a project workforce—integration, not segregation

Abstract

The resources boom in Australia presents an unprecedented challenge to industry participants to find the skilled and semi-skilled labour they will need for projects, particularly in the construction phase, during the next few years. Wage pressures and critical labour shortages are major concerns for project owners, principal contractors, and other industry participants. Using temporary overseas labour is one option for alleviating these concerns; however, it brings its own challenges such as additional compliance obligations and the practical problems in integrating overseas workers into the workforce.

Employers of temporary overseas labour will have ongoing sponsorship and access obligations that the Department of Immigration will scrutinise. Terms and conditions of employment, for example, must match those provided to Australian employees performing the same work. Employers must ensure their ongoing compliance with workplace relations and occupational health and safety laws as they apply to overseas workers.

Training efforts must be directed to ensuring the transfer of skills from overseas workers to Australians where possible. These efforts must also be directed at Australians to take up employment opportunities and reduce the dependency on overseas labour across time. The integration of overseas workers to enable them to participate effectively in the workforce requires planning and proactive management.

This extended abstract addresses the scope of the compliance obligations and the integration strategies to avoid the legal and industrial problems that will inevitably arise if overseas workers are segregated or isolated from the Australian workforce.