Thursday, September 10, 2015

What the China-Australia FTA can teach other countries


The recent political ruckus in Australia over a new free trade agreement with China has far-reaching implications for other nations. It points to the future of trade talks and the labor migration issues they are likely to present.

     There is no doubt the China-Australia agreement signed earlier this year after a decade of negotiation is groundbreaking. The Chinese market already absorbs nearly a third of Australian exports, and the trade deal removes many impediments to a wider range and quantity of goods and services Australia can now send to China.

     It contains what the Australian negotiators claim is the "best package" in the trade of services that China has agreed with any country, including legal and professional services, health care, elderly care and education. It removes tariffs on the export of nearly all Australian goods to China, and greatly eases quotas and duties on dairy products, lamb and beef, and all horticulture. 

 

Foreign workers welcome?

But there is a big catch in the treaty. In it, Australia has not only replicated labor migration concessions already granted in free trade deals with other countries including Japan, New Zealand, South Korea and Thailand, it has extended them. Specifically, the document includes a provision that allows Chinese businesses engaged in projects in Australia to bring in their own workers, without necessarily making it mandatory for these companies to first establish that Australians cannot do the job.

     This is a pertinent debate for the rest of the world. A couple of decades ago, the most difficult issues in trade negotiations were manufacturing tariffs and farm-product quotas. Today, the most difficult issues are in intellectual property -- and the U.S. has been pushing for greater protections in this area, notably in the Trans-Pacific Partnership initiative -- and labor migration.

     For China, labor migration is a big issue. Workers from China are paid less than their peers from more advanced economies and are unlikely to be militant trade unionists. Given that China is often involved in big overseas projects in the resources industry that require many workers in the construction stage, liberal -- albeit temporary -- labor migration concessions are important for Chinese trade negotiators. As China advances, these labor migration issues are likely to become more prominent in its proposals for regional trade agreements.

     The key provisions in the new agreement are hotly debated in Australia, with the Liberal Party-led government insisting that the opposition Labor Party and its trade union supporters are deliberately misinterpreting the deal. There has certainly been a good deal of exaggeration, but there is a little doubt the agreement widens the concessions made in other treaties.

     It is standard for Australia to offer temporary labor migration rights to free trade agreement partners, and without requiring a labor market test. But these provisions typically only apply to management and service staff, not to the wider workforce. The new deal with China allows Chinese investors to negotiate to bring workers into Australia for specific projects. The provision is enshrined in a memorandum of understanding attached to, and inseparable from, the agreement.

     Moreover, it applies to projects worth as little as 150 million Australian dollars ($106.2 million), rather than the A$2 billion stipulated in the existing framework. A participating Chinese company could have a stake of as little as 15% in a project to qualify. The new deal could also apply to most projects, not just those in the resources industry.

By John Edwards for Nikkei Asian Review

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