457 visa abuse – Filipino meatworkers latest victims

29 July 2009
Bob Briton
http://www.cpa.org.au

The Howard Government’s 457 visas were touted as a response to skills shortages in the labour market – to fill jobs where there were no local takers. The union movement recognised that gaps needed filling but pointed out that grave dangers exist for abuse by employers with the system introduced by the Howard government. Evidence has been mounting ever since the introduction of the scheme in 2003 that the unions were right. Among the latest victims are five Filipino meatworkers in WA, sacked in what their union suspects was a move to ensure a union-free enterprise agreement by an employer already in trouble for breaches of its obligations to 457 visa-holding workers.

Fletcher International runs a multi-million dollar abattoir in Narrikup, about 35 kilometres from Albany in southwest WA. It uses 457 visa workers extensively. The company has been sanctioned by the Department of Immigration for breaches of its obligations as a sponsoring employer and, while it has appealed the sanction to the Migration Review Tribunal, the outcome is not known publicly.

Fletcher’s factory is set about a kilometre from the road and is surrounded by barbed wire and surveillance cameras. The five sacked workers were told that there was no work for them because of a downturn in the economy and a lack of livestock. Management wouldn’t answer the workers’ other questions about the basis of their dismissal. They had never received any verbal or written warnings about their work or behaviour. They are convinced the real reason for their dismissal is that they were recognised as the leaders of a union group in the company widely known as an anti-union employer.

The workers are Joel Espartero, Zandro Sta Maria, Nolan Dela Cruz, Gilbert Vidal and Rex Cortado. Two of them have school aged children. Their payout is running out due to high rents and other daily expenses in WA. Zandro’s 70 year-old mother in the Philippines relies on his pay to buy expensive diabetes medication. They originally turned to the union when they realised they were missing out on increases in meatworkers’ pay rates and other conditions. Other workers at Fletcher’s have now resigned from the union, apparently in response to the example made of the five Filipinos. There is a whispering campaign that union members won’t get help when it comes time to process applications for permanent residency.

Workers holding 457 visas are in a very precarious situation. If they lose their job with their sponsoring employer they have 28 days to find another sponsor (quite a bureaucratic process), apply for an extension of the deadline for extenuating circumstances, or go home. Technically, the workers are guaranteed all sorts of protection under the various statutes and the act. “The reality, however, is starkly different,” as Australasian Meat Industry Employees Union (AMIEU) WA Secretary Graeme Haynes told The Guardian.

“I’ll give you an example. Workers there are not entitled to Medicare benefits. The employer deducts money out of their wages for private insurance. The private insurance doesn’t cover the bills because of all the exemptions, etc. The workers are then left with substantial bills in the order of $1,500-$2,000 for fairly simple procedures done at the local public hospital. Enquiries with the Department of Immigration quite clearly state that it’s the obligation of the employers to meet all those expenses. What actually happens in practice is the workers go to the company and say, look I’ve got this huge medical bill. The union and the Department of Immigration say that you’ve [the company] got to pay it. The company simply says if you force us to pay it we’ll withdraw your sponsorship,” Graeme Haynes said.

Visa 457 workers are not eligible for CentreLink payments such as unemployment benefits, either. The workers in this latest case were sacked on June 2 and paid out their entitlements – about 10 weeks pay. The AMIEU has lodged an application for unfair/unlawful termination and a conference is listed for September 10. The union has found alternative employers for the men but their jobs are subject to approval by the Department of Immigration of a Meat Industry Labour Agreement. These can take months and, in the meantime, the workers are in a sort of limbo. Their union has launched an appeal (details below) for the workers and support is coming in from Unions WA and migrant organisations.

“We absolutely appreciate any support to keep us moving and fighting,” Zandro Sta Maria told The Guardian. He has a message for employers using 457 visa holders. “They forget there was a call made by the company and nobody answered the call. That’s the reason why we Filipinos travelled halfway around the world to answer the call that they are in need of a workforce. That’s why they hired us. They tend to forget as well that whether we are Filipino workers, South Africans, or Australian workers, we are the invincible signatories of their pay cheques. They tend to forget those things. Maybe these things could be a wakeup call for them to ensure justice for everyone.”

To help the Filipino workers visit the AMIEU’s WA site at: www.wa.amieu.net