Samoan RSE Workers Seek Help to Understand their Contracts

By Lagi Keresoma

APIA, SAMOA – 23 FEBRUARY 2021: Twenty Samoan RSE workers in Queensland, Australia have sought assistance from prominent Samoans residing in Australia of their current working contracts and their rights as employees in Australia.

The meeting took place in the weekend and attended by 20 seasonal workers, a Pacific Police Liason Officer in Brisbane, Rarotonga Tevita; Lawrence McMahon, Managing Director of McMahon Associate Law Firm; Tafa’ifaoaiga Talosaga McMahon and Sitagata Hanamenn Hunt, Council of Elders Aiga Samoa Association of North Brisbane Inc.

Sources said the meeting went well with workers asking questions about parts of the contracts they did not understand and also sought clarity on their rights as employees in Australia.

Talamua sources said “the open sharing from workers gave the lawyer and police officer a better picture of some of the issues the workers are going through.”

After the meeting, Tafa’ifaoaiga Talosaga McMahon met with the Federal Member of the Senate and followed up the same issues.

Language Barrier
The major problem is that most of the workers do not speak or understand English and most did not understand the details of their working contracts.

This was confirmed by the Director of the Samoa First Union (SFU) in Samoa, Saina Tomi who some of the workers had asked for help.

The workers disclosed that they did not read the contract or sought legal advice as the contract was read out to everyone in the same group before they signed it.

“The contract which is in English is read out, the workers signed it and they only get a copy of the contract at the airport on the day of departure,” said Saina.

The Samoa First Union (SFU) and the Samoa Workers Congress (SWC) are partners with the National Union of Workers Australia now known as the United Workers Union Australia. (UWUA)

Some of the RSE workers checking at Faleolo airport bound for Australia

In March 2017, UWUA has signed a Deed of Settlement with two of Australia’s biggest companies, MADEC Australia and Graig Patty regarding members of the union working in their companies.

The Samoan workers make up most of the Pacific workers in MADEC.

The Deed of Settlement gives all members of the UWUA the rights and privileges to join the Union as a member, right to a health insurance policy and rights to choose a superannuation fund of their choice.

MADEC agreed not to discriminate against anyone who takes any of the above actions and will not threaten their current or future employment with them.

They also agreed to use its best and bona fide endeavours to bargain with the National Union Workers for an Enterprise Agreement to be made under the Fair Work Act 2009  to cover  and provide for terms and conditions of employment for MADEC employees under the Seasonal Workers Program,

Samoa Seasonal Workers Liaison Officer, Aufa’i Fulisiailagitele Saleuesile.

Problems foreseen two years ago
It is also clear in the Deed of Settlement that MADEC & NUW are committed to the wellbeing of seasonal workers in Australia and uphold the rights of workers under the terms of seasonal workers programme and Australia workplace law. They also allow workers to voice their concerns and exercise their rights while working in Australia.

However, the Samoa Seasonal Workers Liaison Officer, Aufa’i Fulisiailagitele Saleuesile reportedly told the workers that the Samoan Government had ordered all of them in the Union to leave or be deported home.

This has been rubbished by the Minister in charge of the RSE scheme in Samoa. Leatinu’u Wayne Sooialo stated that no such order was given and that the Government is obligated to its commitment to international labour laws under the International Labour Organisation (ILO).

In 2019, Benjamin James of UWUA visited Samoa in an effort to work out a better strategy for the Samoa workers coming to Australia.

He had with him a Deed of Settlement.

Through the SFU and the SWC, James was able to represent the Deed of Settlement to the Ministry of Commerce, Industry & Labour (MCIL) which the Seasonal Workers Programme is under.

James predicted problems for workers if Samoa does not consider a strategy safe and secure for the workers abroad. Two years later, Samoan workers appear and testified in front of a Senate Committee in Queensland about the treatment they have received at the hands of their employers.

COVID-19 benefits for Samoan workers
Several Samoa workers tested positive to COVID-19 and were entitled to the COVID assistance funds. However, they did not understand how to fill the forms. They said their efforts to get Samoa’s Liaison officer to assist were unsuccessful.

Saina and the SFU office stepped in and assisted the workers in filling their forms and submitted them before due date.