The Australian government has taken a different route to recruiting migrant workers, in 2023 introducing the Aged Care Industry Labour Agreement and the aged care stream of the Pacific Australia Labour Mobility (PALM) scheme. Over a year into implementation, the take-up by industry has been lower than expected.
There were expectations that the Labour Industry Agreements, signed between industry unions and individual employers and currently numbering around 66 agreements, would result in more than 22,000 aged care migrant workers being sponsored towards permanent residency over five years. One year in, just 84 migrant workers were recruited from abroad under all the agreements combined (out of a total of 418 visas total, majority already in Australia). Some in the industry blamed low employer demand due to the perceived role of unions in the agreements. If so, then this is a worrying perception – in reality, unions scarcely have new powers under the agreements that could present a “threat” to employers.
Likewise, employer take-up on the PALM scheme is also slow – there were 1,245 aged care PALM workers in Australia, as at 30 July 2024 (just 4 per cent of the overall PALM workers).
Moving away from statistics, what can we say about the actual experience of migrant workers? Too early to say. On PALM, a recent study of a small number of PALM aged care workers in NSW, found significant labour issues, including long working hours, lack of sick leave, as well as intimidation and threats of deportation by some employers. This is consistent with risks faced by low-wage temporary migrant workers in aged care in the UK, signalling similar challenges to come.
It seems that even if employers are not yet feeling the urgent need to recruit migrant workers from abroad, the tipping point is quickly approaching. This may cause a rapid take-up of a future “Essential Skills” visa as envisaged in the government’s overhaul of temporary skilled migration and which – in comparison to the Aged Care Labour Industry Agreement and the PALM scheme – might be seen by industry as “low-regulation”. But, as the UK experience shows, robust regulation is critical for employer-sponsored visas, particularly for low-wage workers, to avoid a power imbalance that results in labour exploitation and even modern slavery.
To avert the UK scenario, it is important that schemes such as the Aged Care Industry Labour Agreement and PALM are reviewed and improved – they are still innovative and important mechanisms for rights-based migration. Additionally, it is critical that the Australian government ramp up its plans to introduce a national labour hire scheme, provide a stronger role for unions to monitor working conditions and organise workers in the sector, ensure funding for more labour inspectors, and guarantee that workers have full ability to change employers if they wish (something that PALM aged care workers currently don’t have).
It is a delicate balancing act, but one which will ensure that both vulnerable recipients and the workers who support them, have their rights protected.