Towards a Durable Future: Tackling Labour Challenges in The
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TOWARDS A DURABLE FUTURE: TACKLING LABOUR CHALLENGES IN THE AUSTRALIAN HORTICULTURE INDUSTRY Joanna Howe, Stephen Clibborn, Alexander Reilly, Diane van den Broek & Chris F Wright adelaide.edu.au ABOUT THE AUTHORS Joanna Howe Stephen Clibborn Diane van den Broek Joanna Howe is Associate Stephen Clibborn is a Diane van den Broek is Professor of Law at the Senior Lecturer in the Associate Professor in University of Adelaide Discipline of Work and the Discipline of Work and a consultant with Organisational Studies at and Organisational Harmers Workplace the University of Sydney Studies at the University Lawyers. She holds a Business School. After a of Sydney Business Doctorate of Philosophy career as an employment School. Diane is in Law from the University of Oxford where lawyer, he earned his PhD in employment a leading scholar in the field of labour she studied as a Rhodes Scholar. Joanna relations from the University of Sydney. migration and has received substantial is a leading Australian expert on the legal Stephen’s research focuses on regulation of competitive grants to undertake research regulation of temporary labour migration. labour standards, seeking to explain and into migrant work in the horticulture Joanna is the author and co-editor of three address compliance gaps between the content industry. As well as issues related to migrant books and her work is internationally of laws and their practical application. His work, Diane’s research and consultation recognised. Her edited collection Temporary research has been published in leading activities have included investigations into Labour Migration in the Global Era is academic journals and he is a key research- workplace diversity and inclusion and the seminal international work on the based contributor to public debates and aesthetics and identity. Her role as Co- regulation of transnational migration flows policy formation about regulation of work. Convenor of the Migrants@Work Research between countries on a temporary basis, Group have led to annual events that and her monograph Rethinking Job Security Alex Reilly facilitate interaction between policy makers, provides a three country study of unfair practitioners and academics on the issues dismissal law. She is also a chief-investigator Alex Reilly is Professor of work and migration. Much of her work on an ARC Discovery grant investigating of Law and Director has been published in international journals unpaid work experience. Joanna has also of the Public Law such as Work, Employment and Society; led significant research projects for the and Policy Research Journal of Business Ethics: Journal of Ethnic Fair Work Ombudsman, Horticulture Unit at the University and Migration Studies, Business History, Innovation Australia and the Government of Adelaide. Alex Policy Studies; Economic and Industrial of Korea. Joanna is regularly invited to researches and teaches Democracy and British Journal of Social present evidence to Australian parliamentary in the areas of migration, citizenship, Work as well as leading Australian journals inquiries and reviews into Australia’s constitutional law and Indigenous legal such as Journal of Industrial Relations and temporary labour migration program and is issues. He has been involved in a range of Economic and Labour Relations Review. a prominent commentator invited by many government and industry funded projects media outlets, including 7.30, Four Corners, in these areas, as well as co-authoring two Chris F Wright Radio National, The Sydney Morning books, Australian Public Law (3 editions) Herald and The Australian. and Rights and Redemption: History, Chris F Wright is a Law and Indigenous People, co-editing Senior Lecturer in the an international collection, Sovereignty: Discipline of Work Frontiers of Possibility, and writing over and Organisational 40 peer-reviewed journal articles and book Studies at the University chapters. Alex contributes to policy debates of Sydney Business in his areas of expertise, writing regularly School. He has a PhD for The Conversation and other media from the University of Cambridge and outlets, and contributing to government and his research examines how governments, parliamentary inquiries. business, workers, and their representatives manage challenges associated with the internationalization of labour markets and of production systems. Chris has published widely in leading academic journals across these subjects including on labour immigration, supply chain sustainability, employer strategies and employment protections. He has written commissioned research reports for the UK, Dutch and Australian governments, the International Labour Organization and the Lowy Institute for International Policy. TABLE OF CONTENTS Chapter 1: Introduction ...................................................................................................... 2 PART ONE: AN UNEVEN PLAYING FIELD Chapter 2: Compliance with labour standards ................................................ 9 Chapter 3: Supply chain pressures ........................................................................ 16 Chapter 4: The role of labour hire .......................................................................... 24 Chapter 5: The presence of undocumented workers ............................... 35 PART TWO: LABOUR SUPPLY CHALLENGES Chapter 6: Understanding labour supply challenges ................................ 48 Chapter 7: Developing a local horticulture workforce ............................. 60 Chapter 8: Regional initiatives to sustain labour supply and support compliance ................................................................................................ 70 Chapter 9: Regional infrastructure: accommodation and transport services ................................................................................................... 84 PART THREE: VISA OPTIONS AND REFORM Chapter 10: The Working Holiday Maker program ..................................... 90 Chapter 11: The Seasonal Worker Program ................................................... 101 ACKNOWLEDGMENTS Chapter 12: The Agriculture Visa concept ...................................................... 112 We wish to thank VegetablesWA, the West Australian Strawberries Association and individual growers who provided funding for PART FOUR: DEVELOPING SUSTAINABLE SOLUTIONS the research project ‘Investigating Labour Supply Challenges and the Conditions of Chapter 13: The New Zealand approach .......................................................... 120 Work in the Australian Horticulture Industry’. In particular we would like to thank John Chapter 14: Conclusion ................................................................................................. 128 Shannon, CEO of VegetablesWA for overseeing the project. APPENDICES We are indebted to numerous growers, workers, government, employment agency and union Appendix A: Methodology ........................................................................................... 132 officials, industry representatives, intermediaries and community members who informed our Appendix B: List of Findings ...................................................................................... 135 research. We thank them especially for their openness to the project and for their candour in Appendix C: The National Survey of Vegetable Growers ..................... 138 responding to our questions. We thank Irene Nikoloudakis for her careful Appendix D: The Monash Report .......................................................................... 212 and very professional assistance during the editing process, and Melanie Rego, Nicole Cini, Rachael de Haas and Diana Gomez for their invaluable research and administrative assistance at various key aspects of the project. Within our respective institutions, we are deeply appreciative of our colleagues for their support throughout the project – in particular, Professor Melissa de Zwart (Dean, University of Adelaide Law School) and Professor Marian Baird (Head of Discipline, Work and Organisational Studies, University of Sydney Business School). Towards a Durable Future: Tackling Labour Challenges in the Australian Horticulture Industry 1 CHAPTER ONE INTRODUCTION Introduction Food production is of critical importance to Australia’s economy and to its food security. The horticulture industry1 produces 93% of the total volume of food consumed in Australia and forms a central part of the agriculture industry which contributes $48.7 billion to GDP.2 It also supports an agricultural export market valued at $2.1 billion per annum.3 The horticulture industry is reliant on stakeholders from industry associations, workers to pick, pack and grade fresh trade unions, labour hire, local, state and FIGURE 1.1 PROJECT STAGES produce, with the bulk of the seasonal federal government, accommodation horticulture workforce in Australia drawn providers and community groups. The from different types of temporary visa preliminary findings were presented at a Phase One (2016) holders.4 However, evidence suggests that the workshop involving 25 stakeholders from Stakeholder meetings and workforce that sustains this industry is poorly industry, unions and government, whose Secondary Documentary Analysis regulated and managed. Despite growers feedback has been taken into account in attesting to labour shortages, the industry is this final report. While this data collection Phase Two (2016) often accused of non-compliance with labour process, including