Migration Intermediaries and Codes of Conduct: Temporary Migrant Workers in Australian Horticulture
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Over recent decades, developments in network governance have seen governments around the world cede considerable authority and responsibility to commercial migration intermediaries for recruiting and managing temporary migrant labour. Correspondingly, a by-product of network governance has been the emergence of soft employment regulation in which voluntary codes of conduct supplement hard (enforceable) legal employment standards. This paper explores these developments in the context of temporary migrant workers employed in Australian horticulture. First the paper analyses the growing use of temporary migrant labour in this industry. It then describes how different types of intermediaries interact with this workforce. The paper then outlines both hard and soft employment regulations, and contrasts them with actual employment conditions, questioning how a network governance approach has affected this vulnerable workforce. The paper concludes that changes in network governance of migration and employment relations have emasculated formal legal regulation, leaving market forces to operate without effective or ethical constraints at the expense of the public good.
KeywordsCodes of conduct Employment conditions Horticulture Migration intermediaries Occupational health and safety Temporary migrant workers
Dr. Underhill received a research grant from the Centre for Sustainable and Responsible Organisations, Faculty of Business and Law, Deakin University, Geelong Australia for this project.
Compliance with Ethical Standards
Conflict of Interest
The authors declare that they do not have a conflict of interest in relation to this project.
- Agri Labour. (2016). International candidates. Retrieved January 7, 2016, from http://agrilabour.com.au/candidates/international-candidates/.
- Agunias, D. (2009). Guiding the invisible hand: Making migration intermediaries work for development. United Nations Development Programme, Human Development Research Paper 2009/22. Geneva.Google Scholar
- Anner, M. (2012, July 2–5). Auditing rights at work in a globalizing economy. Paper presented at the ILERA World Congress, Philadelphia.Google Scholar
- Australian Broadcasting Commission (ABC). (2014). Carabooda raids: Numerous charges after WA operation targets organized crime. Retrieved January 16, 2016, from http://www.abc.net.au/news/22014-05-05/ten-charged-aftercarabooda-raids/.
- Australian Broadcasting Commission (ABC). (2015). Slaving away. Four corners documentary. Retrieved May 4, 2015, from http://www.abc.netau/tv/programs/four-corners/.
- Australian Competition & Consumer Commission (ACCC). (2014). Determination: Application for revocation and substitution of authorisation A91102 lodged by Recruitment and Consulting Services Association Limited (RCSA) in respect of RCSA’s Professional Conduct Regime, Authorisation Number A91388. Retrieved January 7, 2016, from www.accc.gov.au.
- Australian Government. (2014). Job services Australia: Employment services code of practice. Retrieved September 14, 2014, from www.deer.gov.au/jobservicesaustralia.
- Barrientos, S., & Smith, S. (2007). The ETI code of labour practice: Do workers really benefit? (Ethical Trading Initiative). Sussex: University of Sussex.Google Scholar
- Brisbane Times. (2011, June 9). Farm guilty of neglect on day of fruit picker’s death.Google Scholar
- CIETT. (2015). CIETT code of conduct. Retrieved January 7, 2016, from www.ciett.org.
- Department of Immigration and Border Protection (DIBP). (2014). Working Holiday Maker visa programme report, 30 June 2014. Retrieved May 10, 2015, from http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf.
- Department of Immigration and Border Protection. (2015). Working Holiday Maker visa programme report, 31 December 2015. Retrieved January 4, 2016, from http://www.immi.gov.au/pub-res/Documents/statistics/working-holiday-report-dec14.pdf.
- Department of Immigration and Citizenship (DIAC). (2009). Initiatives to combat illegal work in Australia, Media Fact Sheet 87. Retrieved April 18, 2013, from http://www.immi.gov.au/media/fact-sheets/87illegal.htm.
- Department of Immigration and Citizenship. (2011). Reform of employer sanctions (Howells Review) regulation impact statement. Retrieved April 18, 2013, from www.immi.gov.au.
- Department of Immigration and Multicultural Affairs (DIMA). (1999). Review of illegal workers in Australia, submission of the Northern Victoria Fruitgrowers’ Association Ltd. Canberra: Australian Government.Google Scholar
- Doyle, J., & Howes, S. (2015). Australia’s seasonal worker program: Demand-side constraints and suggested reforms. Canberra: Australian National University & World Bank Group.Google Scholar
- Fair Work Commission. (2010). Horticulture Award 2010. Melbourne: Fair Work Commission.Google Scholar
- Fair Work Commission. (2015a). Mondex Group Pty. Ltd.  FWC 1148, 17 February 2015. Google Scholar
- Fair Work Commission. (2015b). MP Resources Pty Ltd.  FWC 6820, 2 October 2015. Google Scholar
- Fair Work Ombudsman. (2010). Horticulture Industry Shared Compliance Program 2010. Final report. Melbourne: Fair Work Ombudsman.Google Scholar
- Fernandez, B. (2013). Traffickers, brokers, employment agents, and social networks: The regulation of intermediaries in the migration of Ethiopian domestic workers to the middle east. International Migration Review, 47(3), 581–601.Google Scholar
- Gammeltoft-Hansen, T., & Nyberg Sorensen, N. (2013). The migration industry and the commercialization of international migration. London: Routledge.Google Scholar
- Hall & Partners/Open Mind. (2012). A sociological investigation of illegal work in Australia. A report submitted to the Department of Immigration and Citizenship. Canberra: Department of Immigration and Citizenship.Google Scholar
- Holmes, S. (2013). Fresh fruit, broken bodies. Migrant farmworkers in the United States. Berkeley: University of California Press.Google Scholar
- Howells, S. (2010). Report of the 2010 review of the Migration Amendment (Employer Sanctions) Act 2007. Retrieved March 23, 2013, from http://www.immi.gov.au/media/publications/compliance/review-employer-sanctions/.
- Macneil, J., Rasmussen, E., & Haworth, N. (2013). The soft regulation of employment relations: Shades of grey. Paper presented at the Association of Industrial Relations Academics, Australia and New Zealand conference, Brisbane.Google Scholar
- National Harvest Labour Information Service (NHLIS). (2014). Harvest guide. Retrieved February 13, 2015, from www.harvesttrail.gov.au.
- National Institute of Labour Studies (NILS). (2009). Evaluation of Australia’s Working Holiday Maker (WHM) Program. Adelaide: Flinders University.Google Scholar
- Pena, A. (2010). Poverty, legal status and pay basis: The case of U.S. agriculture. Industrial Relations, 49(3), 429–454.Google Scholar
- Productivity Commission. (2015). Migrant intake into Australia. Draft Report, Canberra.Google Scholar
- Recruitment and Consulting Services Association (RCSA). (2014). RCSA code for professional conduct. Retrieved January 6, 2015, from www.rcsa.com.au.
- Recruitment and Consulting Services Association (RCSA). (2015a). Member directories. Retrieved December 7, 2015, from www.rcsa.com.au.
- Recruitment and Consulting Services Association (RCSA). (2015b). Employment services industry code, round 1 consultation update and discussion paper. Retrieved January 7, 2016, from www.rcsa.com.au.
- Safe Work Australia. (2013). Work-related injuries and fatalities on Australian farms. Retrieved February 13, 2014, from www.safework.gov.au.
- Taipei Times. (2015). Taiwanese in Australia exploited: ABC, May 7. Retrieved January 6, 2016, from http://taipeitimes.com/News/taiwan/print/2015/05/07/2003617705.
- Triandafyllidou, A., & Maroukis, T. (2012). Migrant smuggling. Irregular migration from Asia and Africa to Europe. London: Palgrave Macmillan.Google Scholar
- Underhill, E. (2006). The role of employment agencies in structuring and regulating labour markets. In C. Arup, P. Gahan, J. Howe, R. Johnstone, R. Mitchell, & A. O’Donnell (Eds.), Labour law and labour market regulation: Essays on the construction, constitution and regulation of labour markets. Sydney: Federation Press.Google Scholar
- Underhill, E. (2013). A review of licensing arrangements for labour hire firms. Report prepared for the National Union of Workers. Melbourne: Deakin University.Google Scholar
- United WHY. (2015). Vulnerabilities of working holiday makers and policy recommendations. Submission to Productivity Commission Inquiry on migrant intake. Melbourne: Productivity Commission.Google Scholar
- Voice of Horticulture. (2015). Labour issues threaten growth, media release. Retrieved March 18, 2016, from http://www.voiceofhorticulture.org.au/20151102-vohmediarelease-labour-issues.php.