Joanna Howe is a researcher and Senior Lecturer at the Adelaide Law School. This article gives an overview of Joanna 's research into labour law, specifically laws surrounding the provision of 457 temporary work visas for overseas labourers. For more information about Joanna Howe’s research, publications and the Adelaide Law School, please visit The University of Adelaide.
Joanna Howe is a researcher and Senior Lecturer at the Adelaide Law School. This article gives an overview of Joanna 's research into labour law, specifically laws surrounding the provision of 457 temporary work visas for overseas labourers. For more information about Joanna Howe’s research, publications and the Adelaide Law School, please visit The University of Adelaide.
Joanna Howe is a researcher and Senior Lecturer at the Adelaide Law School. This article gives an overview of Joanna 's research into labour law, specifically laws surrounding the provision of 457 temporary work visas for overseas labourers. For more information about Joanna Howe’s research, publications and the Adelaide Law School, please visit The University of Adelaide.
Joanna Howe A F A C U LT Y O F T H E P R O F E S S I O N S RESEARCH PROFILE
The path to law is paved with good intentions
which, if you stop too long to think about it can present a signicant cause for concern. The reason, by way of proving a maxim with an adage, is of course that even the best-laid plans of mice and men do often go awry1. Our language and folklore are laden with evidence that starting out on a course, and then blithely carrying-onregardless, can be fraught with danger. Even plans made with our very best intentions can easily wander from the straight and narrow, and end up bogged, misguided, or even unrecognisably broken. In hindsight it can be hard to put a nger on exactly what went wrong, when we were so sure at the outset that we were heading in the right direction. To compound the problem, if the plans in question are being made to balance the interests of large groups of people, with widely, and sometimes wildly, diering stakes in the outcome, then we are probably talking about public policy, and things can get quickly sticky. We need to be especially careful, it seems, once we start making rules and writing things down. In fact, at this point we often are a little more careful. The language of rules is invariably more knotty than everyday language. This no doubt arises from an eort to pin things down, minimise ambiguity, and take into account all of the bendy bits. But despite our most valiant eorts, rules still have a habit of developing unanticipated repercussions.
What we need are some people to keep an eye on our
laws and, when they seem less eective at serving the public interest than they were intended to be, undertaking an eort to get things back on track. Fortunately, University of Adelaide researcher Joanna Howe is one of those people.
Amongst numerous other things*,
Joanna is a lawyer, lecturer, researcher and writer,
whose work is making a signicant dierence to the lives of thousands of people every day. This is because she spends a great deal of time researching and critiquing laws which aect the lives of thousands of people every day laws, for example, which regulate temporary immigration, workplace relations, unpaid work experience, and adoption. With a moments reection, a certain motif becomes apparent in Joannas research interests, as these are all areas in which the law can potentially serve (or fail) people who are in some of the more vulnerable positions within our society. Over the last few years Joanna has become a signicant gure in public debate and policy direction arising from her research into temporary immigration law. In particular, Joanna has shone a great beam of light on laws surrounding the provision of 457 temporary work visas for overseas labourers.
This is a topic which, for a variety of reasons,
over a number of years, has entered the public consciousness through news media, political debate and discussions about the condition of the Australian economy. It is a classic example of a sphere of public policy which involves protagonists with widely diering interests and an area which touches many lives on a daily basis. The basic issue is that sometimes businesses nd themselves in need of workers who, for any number of reasons, prove dicult to source from the Australian labour market. This can at times aect employers with jobs to be lled in roles as diverse as psychiatrists, fruit pickers, airline stewards, or mining engineers. There have been laws and mechanisms to address this situation for a number of years but these were revised quite considerably in 1996 and since then have been the subject of persistent reform. Before that it was common for Australian governments to favour permanent immigration to cover skills shortages, with the great waves of immigration of the 1950s and 1970s being historic cases in point. With temporary migration solutions gaining favour in more recent times, new issues have arisen, or perhaps come to light, which are worthy of some rigorous scholarship and attention.
As it happens, these issues are
often discussed in the most polarised
of terms, because they tend to split quite neatly along traditional capitalist and labour lines. For example, industry lobbies hold it to be self-evident that there are major sectors of the economy under-served by Australian workers who, either through a lack of skills or, dare it be said, disinterest, are unable to meet their needs for growth and development. On the other side of the equation is the fear that importing labour in an unregulated, or loosely self-regulated fashion, undermines job opportunities for Australian workers, unnecessarily increases competition for available work, and potentially undermines working conditions for all workers. To add to the complexity of the situation is the concern well founded it appears in a number of specic cases that migrant
workers can be particularly vulnerable to
exploitation, debt bondage and underrepresentation in workplace relations with at-times devastating personal consequences. As with many areas of public policy and political debate we are expected to take sides in this matter, and may indeed nd ourselves doing so, according to preconceived ideas, or in the face of anecdotal evidence. Indeed, while most of us hold opinions in many areas of politics and public policy sometimes quite strongly it is probably fair to say that these opinions often weigh heavily in our own favour, or are unduly inuenced by our own personal experiences, anecdotal observations or even fears and worries. We do not always have a particularly broad base of information to draw upon, nor an erudite depth of knowledge of the history, or context, or complexities associated with any given issue. We nd it dicult, in short, to stand at arms length from the matter, from a well-informed and disinterested point-of-view. This is where scholarship, research and reasoned argument can feed into policy debate with great insight and impact. For example, in this case, Joanna rmly holds that there is no need for any of the wide ranging interests in this issue to be abandoned or sidelined. The need to protect Australian jobs, and the need to protect the rights of migrant workers need not be mutually exclusive. Nor should an all or nothing approach to the use of short-term immigration to full business labour shortages be necessary. In fact, Joanna argues that nding some balanced way forward oers symbiotic benets to all of the interests involved perhaps excepting only those who might unscrupulously wish to exploit opportunities which a more one-sided law might allow.
Founded upon her research,
Joanna had the opportunity to write, and
then verbally present, a submission outlining these ideas to the recent Senate Enquiry into 457 visa provisions. Her submission was then referenced during a reading of the ensuing draft legislation in Parliament. Joanna also presented to a subsequent independent review commissioned by the Federal Government. Notably, her
If you would like to contact Joanna for more information about her research, please email joanna.howe@adelaide.edu.au
proposal for the creation of an independent
ministerial advisory council, charged with the creation and oversight of a skilled occupation shortage list for the 457 visa, has been adopted as a recommendation of this panel in their Robust New Foundations report to the Government. It would not be true to say that all of Joannas ideas and proposals have found a place in these reforms, nor that she is necessarily satised with how things stand. As with all political processes there is much work to be done in the interests of fairness, equality, social responsibility, public service resources and legislated powers. However, its not every day that a lawyer gets to help a country make good laws, and take a step in the right direction. The opportunities dont arise very often and, when they do, it is not always easy to be heard. To understate matters, it can be an uphill battle to have a well-made point enacted in law. Along with plenty of good research, it takes energy, intelligence, resilience, and a convincing case to make in the face of competing and powerful voices. In the world of public policy, such things matter, of course, because so many people can be aected by our laws going o course. And Joanna continues to work hard in her areas of research to this end, to do everything in her power to make sure our laws stay on the right track, and are doing the things we intended them to do. *Joanna is a Rhodes Scholar, holding a Doctorate of Philosophy in Law, and a Masters of Law in Legal Research from the University of Oxford. She is a researcher and Senior Lecturer in Law at the University of Adelaide Law School. Joanna is a Chief Investigator on an ARC Discovery Grant exploring the regulation of unpaid work experience in Australia. This is the rst major research project to explore the legal framework and challenges arising from unpaid work experience. She is a also a practicing workplace relations lawyer, author of the Australian Charter of Employment Rights and Australian Standard of Employment Rights for the Australian Institute of Employment Rights, and writes for the general public on areas encompassed by her research via regular columns in major Australian newspapers. Amongst other things 1 The best-laid schemes o mice an men Gang aft agley, An leae us nought but grief an pain, For promisd joy!
Robert Burns
To meet more Faculty of the Professions researchers, please visit:
New Report From The Adelaide Law School: Experience or Exploitation? The Nature, Prevalence and Regulation of Unpaid Work Experience, Internships and Trial Periods in Australia