Canberra to allow full employment in public service.
Working visa holders will soon be able to hold full employment in the ACT public service. Photo: Shutterstock
Migrants will soon be able to obtain full employment in the ACT public service under changes brought on by Commonwealth reforms.
ACT Chief Minister Andrew Barr introduced the Public Sector Management Amendment Bill 2024 to the Canberra Parliament earlier this month.
It serves to loosen eligibility rules in the ACT public service to allow working visa holders to gain permanent positions, rather than just temporary, fixed-term roles.
This would allow migrants who hold a legal right to work in Australia to seek appointment to an ACT public service position for as long as they hold that legal right to work in Australia, Barr said.
This [will] ensure we have the workers to deliver the all-important services that our community needs.
The reforms have been welcomed by the Australian Computer Society (ACS), with CEO Josh Griggs saying it will open pathways for migrating tech professionals to contribute to the delivery of essential public services in the ACT.
Inclusive hiring and employment practices are not only good for individuals, but also good for business – enabling the public sector to harness a wide array of skills, experiences and perspectives to better serve the community, Griggs said.
The change has been brought on by reforms made by the federal government over the use of fixed-term employment contracts in the public sector.
The federal government late last year moved amendments to the Commonwealth Fair Work Act 2009 to crack down on the use of temporary employment contracts.
These changes prevent an employer from engaging a person on a fixed-term contract for longer than two years, and from renewing an existing contract that has been in place for two years or if doing so would lead to two consecutive renewals.
Current laws in the ACT restrict ongoing employment in the public service to Australian citizens and permanent residents, with those on visas employed on temporary contracts.
This practice would now be in breach of the Commonwealth legislation, leading the ACT government to move to amend its legislation.
The bill seeks to rectify this conflict of laws to ensure the ACT remains compliant with Commonwealth legislation, the ACT bill says.
There are instances where fixed term contracts used to engage visa-holders in the ACTPS would be in breach of the Fair Work Act, and the Fair Work Act would make the employee ongoing.
Despite the Fair Work Act, the Public Service Management Act would stipulate that a visa-holder is not capable of being an ongoing employee as they would not meet the eligibility criteria as they are not either an Australian citizen or permanent resident.
Ensuring a skilled public service
This will help to address skills gap in the ACT public service and ensure there are enough employees to deliver services to citizens, the bill said.
Currently, the Public Service Management Act limits a person who is not an Australian citizen or permanent resident, but who holds a visa that permits them to work in Australia, to be employed under a temporary fixed term contract, it said.
The bill creates more equal opportunities before the law for visa-holders by amending the Public Services Management Act to allow them to be appointed to office and access more secure work arrangements.
According to ACS research, the Australian tech industry will need an extra 237,000 workers by 2030 in order to keep pace with the rest of the world.
To meet this demand, it is imperative that we cultivate domestic tech talent while simultaneously attracting and retaining skilled professionals globally, Griggs said.
This legislation is an important step in that direction, helping position the ACT government as an employer of choice for tech professionals and enhancing the Territory's ability to deliver high-quality digital services.
Most jurisdictions in Australia only allow those on working visas to serve in the public service on a fixed-term basis that does not extend for longer than their visa length.
This is the case in both Victoria and New South Wales.
It's unclear whether these states will also be required to amend their laws to be in line with the Commonwealth Fair Work Act.
The need for skilled workers
The federal government earlier this year also passed legislation aiming to better protect migrant workers across the country.
The new laws will mean employees who exploit migrant workers will face prison time and a ban from being able to employ temporary new migrants, and passed with bipartisan support.
A report by ACS and Settlement Services International late last year found there are enormous opportunities for migrant workers to address the large skills gaps in Australia, particularly in tech.
The report found that while IT is one of the most common qualifications among migrants to Australia, just 2 per cent of these people are working in tech.
https://ia.acs.org.au/article/2024/working-visa-holders-to-score-australian-jobs-win.html
