CrockMary, ‘Contract or Compact: Skilled Migration and the Dictates of Politics and Ideology’ (2001–2002) 16Georgetown Immigration Law Journal133, 141.
2.
HoweJoannaReillyAlexander, ‘Meeting Australia's Labour Needs: The Case for a Low Skill Work Visa’ (2015) 43(2) Federal Law Review259.
See, eg, BergLaurie, Migrant Rights at Work Law's Precariousness at the Intersection of Immigration and Labour (Taylor & Francis, 2015); ThamJoo-CheongCampbellLainBoeseMartina, ‘Why is Labour Protection for Temporary Migrant Workers so Fraught? A Perspective from Australia’ in HoweJoannaOwensRosemary (eds), Temporary Labour Migration in the Global Era: The Regulatory Challenges (Hart, 2016, forthcoming); HoweJoanna, ‘The Migration Amendment (Worker Protection) Act 2008: Long Overdue Reform, But Have Migrant Workers Been Sold Short?’ (2010) 24(2) Australian Journal of Labour Law13; ReillyAlexander, ‘The Ethics of Seasonal Labour Migration’ (2011) 20Griffith Law Review127.
6.
For more on this method, see AtkinsonCarol, ‘The Expectations and Aspirations of a Late-Career Professional Woman’ (2015) 29(6) Work, Employment and Society1019.
7.
Both the applicant's and respondent's statement of claims are on file with the author.
OlneyShaunaCholewinskiRyszard, Migrant Workers and the Rights to Non-discrimination and Equality, cited in CostelloCathrynFreedlandMark (eds) Migrants at Work Immigration and Vulnerability in Labour Law (Oxford University Press, 2014) 277.
10.
For example, although Australia has a national minimum wage, many countries approach the regulation of minimum wages in a different manner. China, for one, has no national minimum wage as each province sets its own rate. In Beijing the hourly minimum wage is 18.70 yuan ($3.96 AUD) compared with $17.29 AUD in Australia and where there is non-compliance with the Beijing minimum wage, this is often not enforced by authorities. See further, CooneySeanBiddulphSarahZhuYing, Law and Fair Work in China (Routledge2013).
11.
For example, see the submission of the Federation of Ethnic Communities' Councils of Australia which suggests that many visa holders are unaware of enforcement mechanisms, including the FWO's role. Submission to the Productivity Commission workplace relations inquiry, submission 69, pp 2–3.
12.
JuppJames, From White Australia to Woomera (Cambridge University Press, 2002).
13.
For example, in the case of Chinese workers, there may be a fear of retribution upon their return to China, if they voice concerns about exploitative treatment by a Chinese employer in Australia: for example, see: Human Rights Watch, World Report 2015: China <https://www.hrw.org/world-report/2015/country-chapters/china-and-tibet>.
14.
See, eg, SungKyu-Taik, ‘Elder Respect: Ideals and Forms in East Asia’ (2001) 15(1) Journal of Ageing Studies13–26.
15.
ThamCampbellBoese, above n 5.
16.
Commonwealth of Australia, Visa Subclass 457 Integrity Review, Final Report (October 2008) 32, 51 (‘Deegan Review’).
17.
For a recent example, see Farzday v Monochromatic Engineering Pty Ltd T/A MCE Lasers [2015] FWC 7216.
