A detailed analysis of the Australia-China free trade agreement proposed believes that Chinese investors benefit more than the Australians.
It carried out by the Network of Fair Trade and Investment Australia and limited to capital investment and facilitation agreement on investment, is that while companies with Chinese participation can bring Chinese citizens to work in Australia there is no provision equivalent for Australian companies to bring Australians.
Australian companies are limited to the importation of specifically senior managers and skilled workers.
China's willingness applies to companies with at least projecting 50 percent of Chinese capital or when no single company is 50 percent of capital, a project in which a Chinese company has a "substantial interest". A substantial interest is defined as occurring when a single foreign person owns 15 percent of a project or several foreign and associated persons own 40 percent.
The project must be related to infrastructure development in food and agribusiness, resources and energy, transport, telecommunications, energy supply and generation, the environment and tourism.
The minimum wage to be paid to imported Chinese workers will be negotiated between the project company and the immigration department rather than the minimum of Australia.
Whereas Australia is subject to a general provision preventing discrimination against Chinese investment, China does not have this general provision and is only required not to discriminate against investments in the transport, tourism, hospital, nursing care, education and financial services.
The terms of investor-State disputes in the agreement are less open than the provisions of other agreements such as the free trade agreement between Australia and Korea, not being subject to the requirement that hearings disputes and associated documents will be public. They are unfinished, the subject of a review within three years.
"The unbalanced access to markets and lack of complete negotiations seem as if the Australian government was desperate to seal the deal at any price, and that China has succeeded in defending many of his limitations," said coordinator Network, Patricia Ranald.
A spokesman for the Trade and Investment Minister Andrew Robb said the settlement procedure including investor-state disputes in the agreement was not new. Australia and Chinese investors were already subject to that procedure under existing investment treaty.
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