30 - Civil Liberties Australia
30 - Civil Liberties Australia
30 - Civil Liberties Australia
Submission 30
Minister
Andrew
Robb’s
address
to
the
National
Press
Club
on
Monday
11
August
2015
highlighted
the
reasons
why
the
Australian
public
has
so
many
misgivings
about
the
pending
China-‐Australia
Free
Trade
Agreement.
One
of
the
many
claimed
benefits
of
the
agreement
relates
to
micro-‐economic
reform,
ostensibly
so
difficult
to
implement
through
parliamentary
processes.
However,
many
Australians
would
be
uncomfortable
with
the
prospect
of
changes
to
Australia’s
domestic
policies
being
brought
in
through
the
back-‐door,
without
a
public
mandate,
via
the
terms
of
free
trade
agreements
negotiated
behind
closed
doors
with
officials
of
foreign
governments.
It
appears
that
some
hard-‐won
and
internationally
acclaimed
Australian
standards
may
have
been
offered
up
to
suit
the
needs
of
foreign
countries,
and
traded
in
return
for
measures
which
benefit
narrow
sectional
domestic
interests.
With
regard
to
impacts
on
particular
segments
of
the
economy,
it
appears
that
“free”
trade
agreements
have
been
used
to
pick
winners,
based
on
political
ideology
or
for
electoral
advantage
or
patronage.
For
example
the
current
Coalition
government
has
taken
a
hard
line
on
manufacturing,
signing
up
to
agreements
and
their
attendant
MOUs
which
have
heavily
impacted
on
our
car
industry,
ship
building
and
other
manufacturing
industries.
Australians
are
told
that
support
for
these
industries
is
protectionism,
and
as
such
must
be
abandoned.
Yet
many
of
us
look
on
in
horror
as
wave
after
wave
of
workers
are
laid
off,
causing
great
pain
and
hardship
to
many
communities.
On
the
other
hand,
many
other
countries
and
quite
a
few
eminent
economists
in
recent
years
have
rediscovered
the
importance
of
maintaining
a
level
of
domestic
manufacturing,
which
has
positive
spin-‐offs
for
so
many
areas
of
the
economy
and
is
a
major
requirement
for
developing
much-‐vaunted
technological
innovation,
not
to
mention
fostering
Australia’s
independence
in
times
of
war.
There
are
so
many
reasons
why
we
need
to
nurture
our
engineers,
technocrats
and
tradesmen,
that
one
is
amazed
that
the
case
even
needs
to
be
put.
But
we
cannot
do
this
without
a
viable
manufacturing
base.
Although
it
seems
that
protectionism
is
taboo
when
it
comes
to
manufacturing,
substantial
subsidies
continue
to
be
available
to
fossil
fuel
industries,
even
though
it
is
internationally
understood
that
there
is
no
future
in
these
industries,
and
their
high
CO2
emission
levels
contribute
substantially
to
global
warming
and
the
accompanying
pollution
of
our
country’s
air,
water
and
soil,
to
the
serious
detriment
of
surrounding
communities.
At
best,
there
is
a
double
standard
operating.
At
worst,
some
might
call
this
reckless
policy.
‘Casual,
part-‐time
and
insecure’
There
is
a
great
deal
of
community
concern
about
further
Australian
job
losses,
due
to
trade
agreements
at
this
time
of
growing
unemployment,
especially
amongst
factory
workers
and
young
people.
Many
of
the
services
jobs
for
the
unskilled
and
semi-‐skilled,
which
will
ostensibly
replace
manufacturing
work,
are
casual,
part-‐time
and
insecure.
Such
work
arrangements,
while
providing
great
flexibility
to
employers,
make
it
very
difficult
for
people
to
access
a
stable
level
of
income
sufficient
to
meet
commitments
such
as
rent
and
bills.
Unpredictable
hours,
poor
working
conditions
and
low
pay
put
further
training
out
of
reach
for
many
young
people,
and
cut
off
the
possibility
of
home
ownership
–
traditionally
a
major
source
of
financial
stability
for
Australian
families.
Except,
of
course,
for
the
children
of
wealthy
parents
and
those
who
have
secured
the
scarce,
highly
paid
positions.
The
high
cost
and
variable
quality
of
vocational
training
is
discouraging
many
young
people
from
attempting
courses.
Since
increased
privatisation
of
the
sector,
there
are
now
dodgy
colleges
which
don’t
provide
proper
instruction,
including
some
which
are
little
more
than
rorts,
signing
people
up
to
sub-‐standard
courses
to
simply
pocket
money
from
governments.
It
seems
absurd
to
add
to
the
already
high
numbers
of
temporary
visas
holders
competing
against
Australian
workers.
Despite
continuous
reassurances
that
labour
market
testing
is
being
carried
out,
the
system
is
not
working
positively
to
the
benefit
of
the
fabric
of
Australian
society.
Any
structure
that
rends
the
social
fabric
tends
to
limit
civil
liberties,
curtail
freedoms
and
ultimately
threaten
human
rights,
either
of
Australian
citizens
or
of
those
temporarily
visaed
to
work
in
Australian
under
dubious
contracts
and
even
more
doubtful
conditions
of
employment.
Furthermore,
at
a
time
when
we
need
to
be
encouraging
skills
acquisition
to
drive
the
so-‐called
“new
economy”,
many
young
people
are
already
missing
out
on
work
experience
and
being
replaced
by
457
visa
holders.
Although
claims
are
made
about
labour
market
testing
prior
to
approving
temporary
visa
holders,
in
practice
such
testing
is
often
not
done
and
locally
qualified
applicants
are
simply
not
given
a
chance.
For
example,
many
nursing
and
aged
care
positions
are
being
filled
by
temporary
visa
holders,
even
though
there
is
a
surplus
of
qualified
Australian
staff.
Temporary
visa
holders
under
the
visa
classes
457,
442
and
485
and
working
holiday
visa
holders
make
up
a
large
part
of
the
nursing
workforce,
despite
the
fact
that
large
numbers
of
Australian
nurses
and
aged
care
workers
remain
unemployed,
adding
to
the
cost
of
unemployment
benefits
paid
with
taxes
taken
from
the
hard-‐earned
income
of
the
Australian
people.
Disincentive
to
training
Of
course,
such
practices
on
the
part
of
employers
are
a
further
disincentive
to
training.
Either
the
system
has
broken
down,
or
it
is
deliberately
framed
to
exclude
local
nurses
and
aged
care
workers
from
employment,
to
the
benefit
of
overseas
workers.
There
are
similar
effects
in
other
sectors.
ChAFTA
will
exacerbate
this
situation
by
allowing
unprecedented
access
to
Chinese
workers,
which
will
not
be
reciprocated.
Chinese
companies
investing
more
than
$AU150
million
will
be
able
to
import
temporary
workers
without
labour
market
testing.
And
apparently
this
applies
to
companies
which,
although
not
Chinese-‐
owned,
may
simply
have
a
substantial
level
of
Chinese
investment.
Although
these
Chinese
workers
will
apparently
be
paid
the
statutory
rate,
past
experience
with
temporary
visa
categories
does
not
inspire
confidence.
The
possibility
is
open
for
local
firms
to
acquire
a
Chinese
investor
simply
to
cut
out
local
workers,
especially
perhaps
those
who
are
unionised
and
able
to
bargain
for
decent
above-‐award
wages
and
conditions.
It
is
not
clear
from
the
MOU
that
any
labour
market
testing
is
required.
This
could
constitute
a
betrayal
of
Australian
workers,
some
of
whom
have
fought
for
this
country,
all
of
whom
have
paid
taxes
and
pay
the
salaries
and
allowances
of
our
politicians.
These
are
the
very
people
whose
interests
the
Australian
government
is
elected
to
represent.
The
likely
lower
rate
paid
to
Chinese
workers
who
have
not
had
the
chance
to
negotiate
their
terms
and
conditions
will
give
Chinese
firms
or
firms
with
Chinese
investors
an
unfair
advantage
over
local
Australian
firms.
As
the
numbers
of
such
special
condition
firms
expands,
their
freedom
from
paying
the
going
rate
and
lesser
requirements
for
occupational
health
and
safety
provisos
could
be
used
to
drive
down
Australian
wages
and
conditions
more
generally
in
the
relevant
industries.
If
this
consequence
has
been
foreseen,
but
has
been
accepted
with
alacrity
by
the
government,
it
amounts
to
a
deliberate
selling-‐out
of
Australian
workers.
It
is
worth
noting
that
low
wages
and
a
fast-‐growing
growing
income
divide,
such
as
is
developing
in
Australia,
is
a
situation
that
most
economists
now
realize
is
an
impediment
to
economic
growth.
Ironically,
one
of
the
main
protections
against
this
tendency
is
the
maintenance
of
an
effective
union
movement.
It
is
disappointing
that
any
hint
of
critiquing
ChAFTA
and
other
recent
agreements
is
summarily
dismissed
by
the
government
and
blamed
on
“the
anti-‐trade
unions”
or
“the
greenies.”
In
fact
there
are
many
individuals
and
organisations
expressing
real
concerns
about
aspects
of
ChAFTA
and
other
similar
agreements.
These
include
economists,
the
Productivity
Commission,
journalists,
academics,
prominent
lawyers
such
as
the
Chief
Justice
of
the
High
Court
of
Australia,
Mr
Justice
French,
doctors,
nurses,
public
health
groups,
consumer
groups
such
as
CHOICE,
civil
liberties
groups,
welfare
groups,
environmentalists,
fair
trade
groups,
conservationists,
scientists,
farmers,
charities,
churches
(including
the
Vatican),
welfare
groups,
businessmen,
arts
groups
and,
of
course,
many
trade
unions.
There
is
a
plethora
of
reports
cited
and
quoted
again
and
again
in
previous
reports
and
submissions
to
this
government
on
the
proven
ineffectiveness
–
and
predicted
danger
–
of
recent
trade
agreements,
and
on
the
lack
of
proper
pre-‐
and
post-‐implementation
assessment
by
the
Executive
and
Ministers.
Hoodwinked
by
previous
trade
agreements
We
as
citizens
require
the
government
to
take
into
account
negative
critiques
also,
instead
of
merely
adopting
blue-‐sky
predictions,
from
departments
and
agencies
with
no
real-‐life
experience
behind
them,
without
a
skerrick
of
substance
to
back
up
their
over-‐blown
claims.
Suffice
to
say
that
the
Australian
public
has
felt
hoodwinked
by
the
actual
outcomes
of
previous
trade
agreements
and
their
failure
to
live
up
to
government
promises.
For
example,
we
were
promised
great
things
from
the
Australia-‐United
States
Free
Trade
Agreement,
but
the
economic
impact
after
10
years
appears
to
have
been
negative.
Now,
once
again,
we
are
being
asked
to
accept
yet
another
bilateral
agreement
on
trust,
in
the
absence
of
any
reliable
modelling
to
support
a
case
for
going
ahead.
In
fact,
the
assessment
done
by
the
Centre
for
International
Economics
(CIE),
using
fairly
optimistic
assumptions,
predicts
negligible
benefits
after
20
years
from
the
combined
effects
of
ChAFTA
and
the
free
trade
agreements
with
Korea
and
Japan
–
in
the
order
of
0.11%
after
20
years
of
operation.
Economists
agree
that
the
National
Interest
Analysis
is
inadequate,
and
many
commentators
have
called
for
independent
and
comprehensive
assessments
of
FTAs.
It
is
worth
re-‐highlighting
that
these
concerns
are
not
restricted
to
the
“left”
of
politics.
In
Minister
Robb’s
recent
address
to
the
National
Press
Club,
he
spoke
a
lot
about
the
consultations
with
businesses,
and
said
that
the
other
end
of
town
would
not
be
forgotten
–
by
which
he
apparently
meant
small
business.
He
stated
that
information
sessions
with
small
businesses
would
be
held
around
Australia
to
explain
how
they
can
best
capitalise
on
the
agreement.
At
no
time
did
he
mention
anything
equivalent
being
organised
for
trade
unions
and
civil
society
organisations.
It
appears
that
the
government
has
focussed
entirely
on
groups
it
sees
as
its
own
constituency,
leaving
the
rest
of
the
country
in
the
dark,
with
nothing
but
assurances
that
the
government
would
not
do
anything
that
is
not
good
for
Australia.
Well,
we
have
heard
those
words
before!
And
they
have
proved
the
harbingers
of
false
prophets.
Instead
of
branding
the
unions
as
anti-‐trade
and
accusing
them
of
getting
the
facts
wrong
and
running
a
scare
campaign,
surely
it
would
have
been
better
to
keep
the
unions
in
the
loop.
If
the
implications
for
ordinary
working
people
are
not
as
bad
as
some
unions
believe,
why
not
address
the
actual
issues
they
raise
and
deal
with
them
in
detail,
instead
of
just
accusing
unions
of
spreading
inaccurate
information?
There
are
fears
in
the
community
that
less
checking
of
imported
Chinese
materials
would
lead
to
health
and
safety
problems.
Building
cladding
from
China,
used
on
several
sites,
has
proved
to
be
highly
flammable
and
there
are
complaints
that
whole
walls
have
burst
into
flame
and
released
toxic
fumes
into
the
surrounding
streets.
There
are
also
problems
with
electrical
cabling
which
can
cause
electric
shocks
and
burst
into
flames,
putting
lives
at
risk.
One
union
claims
that
asbestos
is
being
imported
in
various
products
from
China,
including
particle
boards,
brake
linings
and
crayons.
Such
cases,
whether
verified
or
not,
are
of
great
concern
to
Australians.
It
is
not
as
if
China
has
an
exemplary
record
for
safety:
the
recent
Tianjin
explosion
is
a
highly
relevant
example
of
the
cavalier
nature
of
Chinese
attention
to
rules
and
regulations.
It
seems
ridiculous
that
after
more
than
a
century
spent
in
rigorous
testing
and
developing
health
and
safety
standards
which
are
the
envy
of
the
world,
Australians
are
in
danger
of
opening
the
floodgates
to
shoddy
and
dangerous
imports.
Some
red
tape
is
a
necessary
price
for
safe
and
healthy
homes
and
workplaces:
Australians
operate
to
the
basic
expectation
that
our
workers
can
go
home
to
their
families
at
the
end
of
each
working
day.
A
serious
problem
with
this
agreement
is
the
presence
of
an
Investor
State
Dispute
Settlement
(ISDS)
clause,
which
will
allow
Chinese
companies
to
sue
Australian
governments
under
certain
conditions.
There
are
major
problems
with
ISDS:
• The
existing
version
of
this
clause
is
not
the
final
one,
and
apparently
the
government
plans
to
ask
for
ChAFTA
to
be
ratified
and
put
into
operation
without
the
crucial
final
format
of
the
ISDS
clause
being
known.
This
is
tantamount
to
buying
the
proverbial
“pig
in
a
poke.”
It
is
a
basic
business
practice
not
to
sign
off
on
something
you
haven’t
seen!
Signing
such
an
agreement
is
classic
proof
of
the
naivety
of
Australian
government
negotiators
at
all
levels.
• The
ISDS
clause
will
allow
Chinese
corporations,
under
certain
circumstances,
possibly
for
loss
or
potential
loss
of
profits,
to
sue
Australian
governments
in
overseas
“tribunals”
(not
made
up
of
judges)
which
are
not
bound
by
legal
precedent
and
do
not
allow
appeals.
• ISDS
penalties
can
be
astronomical,
and
even
if
the
country
wins
the
case,
the
cost
of
mounting
a
defence
has
been
estimated
at
tens
of
millions
of
dollars.
•
Although
Australian
companies
will
theoretically
have
the
same
rights
to
sue
the
Chinese
government,
in
practice
there
are
few
if
any
Australian
companies
with
sufficient
financial
weight
to
sue
any
government,
let
alone
the
government
of
a
rich
and
powerful
state
such
as
China.
This
aspect
of
the
agreement
although
theoretically
fair,
would
in
practice
operate
unequally
in
China’s
favour.
• Even
though
state
and
local
governments
will
not
have
a
right
to
vote
on
this
treaty,
they
will
also
be
liable
to
be
sued
by
Chinese
conglomerates
under
ISDS:
the
costs
of
litigation,
let
alone
a
penalty
awarded
against
them,
could
destroy
the
economy
of
a
state
government,
let
alone
a
local
council
for,
say,
trying
to
protect
the
environment
and
the
local
people
from
leaks
of
deadly
chemicals
leaching
from
a
mining
operation.
• There
are
documented
instances
where
governments
have
been
warned
by
companies
not
to
pass
certain
legislation
under
threat
of
an
ISDS
case.
Even
without
an
express
warning,
governments
can
be
deterred
from
passing
socially
beneficial
legislation
–
the
so-‐called
“regulatory
chill”
factor.
• ISDS
clauses
inherently
rob
state
actors
of
their
sovereignty:
by
preventing
government
from
carrying
out
its
legislative
mandate,
The
clauses
are
anti-‐
democratic,
which
strikes
at
the
liberties,
freedoms
and
rights
of
Australians.
• Because
local
firms
lack
the
same
right
(as
Chinese
entities)
to
sue
governments
for
decisions
they
regard
as
adverse
to
their
interests,
there
is
a
major
incentive
for
Australian
companies
to
move
offshore
to
gain
this
“advantage.”
This
will
cause
further
bleeding
of
Australian
jobs,
with
consequent
loss
of
taxation
revenue
and
increased
spending
on
unemployment
benefits.
This
is
what
many
US
firms
did
in
the
wake
of
the
North
American
FTA,
NAFTA.
As
many
economists
have
noted
in
the
past,
bilateral
agreements
such
as
this
one,
between
nations
where
there
is
such
an
asymmetry
in
wealth
and
power,
always
favour
the
richer
partner
at
the
expense
of
the
weaker
one.
That’s
us,
the
(very
much)
weaker
power.
There
would
also
be
an
imbalance
in
the
size
and
strength
of
individual
companies.
One
can
imagine
the
results
of
competition
between
a
small
to
medium
sized
Australian
firm
and
a
powerful
Chinese
corporation.
Cashed-‐up
Chinese
companies
will
have
much
deeper
pockets
and
be
able
to
lobby
more
effectively
than
local
firms.
Secondly,
large
companies
can
always
outbid
smaller
ones,
because
they
are
able
to
sustain
initial
losses
in
the
short
term,
possibly
putting
local
firms
out
of
business.
Thirdly,
foreign
companies
will
have
the
implied
threat
of
suing
governments
on
some
pretext
or
other
if
they
don’t
get
their
own
way.
In
the
past,
Australia
has
resisted
ISDS
clauses
in
agreements
with
nations
where
the
rule
of
law
and
reliable
court
systems
operate.
This
was
a
bipartisan
position
when
Prime
Minister
John
Howard
finalised
the
Australia-‐US
Trade
Agreement
with
the
USA
10
years
ago.
Now
however,
it
appears
we
are
going
to
include
ISDS
not
only
in
ChAFTA,
with
China,
but
also
possibly
in
the
Trans
Pacific
Partnership,
which
of
course
includes
the
United
States.
It
is
fair
comment
that
these
countries
are
rivals,
not
only
economically,
but
strategically.
Both
countries
have
sought
influence
over
Australian
government
policy
in
various
areas.
One
would
hope
that
this
would
never
happen
but,
nevertheless,
by
signing
up
to
ISDS
clauses
with
both
these
nations,
Australia
could
find
itself
in
the
line
of
fire,
locked
in
a
desperate
attempt
to
satisfy
the
conflicting
demands
of
two
ambitious
superpowers
and
their
avaricious
corporations.
ENDS