ABSTRACT

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment.

Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour.

The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

chapter 1|15 pages

Migrant rights at work

chapter 2|30 pages

Inclusion and precariousness

part I|99 pages

Temporary migrant labour

chapter 3|58 pages

Keeping up the ‘Australian standard’

The regulation of temporary migrant workers in Australia

chapter 4|39 pages

Worker protection for which workers?

Successive reforms to the temporary skilled 457 visa programme

part II|75 pages

Unauthorised migrant labour

part III|74 pages

Forced migrant labour

chapter 8|34 pages

Working with coercion

Labour trafficking in Australia

chapter 9|27 pages

Getting our priorities straight

Connecting forced labour and labour

chapter 10|11 pages

Conclusion