Regulation of Australia’s labour migration program: Is there a case for including fairness?

Abstract

Temporary labour migration is of increasing significance to the operation of the Australian economy and labour market. This article proposes the notion of ‘fairness’ as a normative framework and ordering principle in regulating labour migration. In this context, ‘fairness’ is used to draw attention to the importance of the regulatory framework in balancing diverse interests and ensuring the much-vaunted ‘triple win’ of temporary labour migration is realised by all to the extent that mutual gains are possible. Two recent examples from temporary labour migration policy making are relied upon to illustrate how this policy should not be unfairly weighted to achieve only the national interest or employer interests at the expense of local and migrant workers.