Seasonal worker program under review.

15 February 2022

The various seasonal worker programs supplying Pacific Island workers to Australia, New Zealand and American Samoa has recently come under criticism and calls for review.

So much so that the Australian Senate Select Inquiry convened in 2019 has been extended to respond to worker complaints as well a broad policy issues. These more recent matters relate to working conditions, accommodation, rates of pay and references to workers being treated like "slaves".

Meanwhile the Samoan Government has also announced its own inquiry. This is not only to investigate complaints by overseas workers but to assess the impact which the various programs are having socially and economically here in Samoa. In addition it is looking to review the screening and selection process to ensure that it specifically targets the unemployed.

The Australian Review

The Senate Inquiry in Australia is to be applauded for taking complaints seriously. This Inquiry has broad terms of reference into temporary migration including breaches of work place rights and conditions, modern slavery in addition to social, policy, employment and economic impacts.

Already the Australian Government has restructured the SWP to provide more stringent controls on the employer and importantly greater certainty for the worker. In spite of threats by some employers, workers grievances are being heard and addressed. It is also understood that there are plans to recruit more liaison officers to intervene and resolve disputes and misunderstandings.

Call for Review in Samoa

These various programs operating in Samoa include Recognised Seasonal Employment (RSE) into New Zealand, the Seasonal Worker Program (SWP) and the Pacific Labour Mobility (PLM) Program in Australia. In addition there is direct recruiting for the Starkist cannery in American Samoa.

For a number of years now there has been rumblings in Samoa about the impact which these various programs have on the available pool of people seeking jobs here in Samoa. Employers, the Chamber of Commerce and others have raised these concerns in the past.

Interestingly this situation has worsened since the impact if the global pandemic took hold. With so many businesses shedding staff and whole sectors such as hospitality (including drivers, airport ground crew, tour operators quite apart from hotels, restaurants, resorts, tourist attractions and the like), it could be expected that there would be a wealth of local labour available for local jobs.

However, this did not eventuate due to the expansion of the overseas worker programs. Until very recently Samoa was one of the few Pacifica counties which was Covid free. Therefore, its workers were in high demand for jobs in America Samoa, New Zealand and Australia. At the same time, lockdown restrictions and the local job markets in these countries created huge openings for unemployed, unskilled and semi skilled workers.

Australia in particular has a huge temporary and migrant workforce. Due to lockdown and travel restrictions between the various states, many available jobs were not filled. As a consequence, agencies sought to recruit more workers from "Covid free" countries. As a result literally thousands of Samoan men and woman have left on 6 month to 3 year contracts.

Lets be clear too. Samoa's economy is dominated by the tourism sector. Take away the tourists and there is not only mass unemployment but a huge economic loss. With so many people displaced from steady jobs and the unlikely prospect of finding a job locally, the option of overseas seasonal work becomes highly attractive. It has provided a lifeline for survival in these trying times.

Some Issues for Consideration

But this apparently ideal scenario was not all it was made out to be. Let's take a closer look at some issues.

. The various SWPs have been hugely successful and beneficial to the vast majority of participants in terms of raising their standards of living, supporting their families and communities and gaining self respect. That is not to say that all job placements have been ideal nor that every worker has fully committed to the job.

. The majority of the SWPs operate through government agencies or agents on behalf of the host government. However, there are many private agencies who recruit independently.

. The SWP was intended to provide employment to unemployed, unskilled and semi-skilled workers. However there are examples of highly trained and qualified people (teachers, police officers and the like) abandoning their careers to work in Australia's primary and secondary industries or in American Samoa's fish cannery. The screening process needs to be tightened before workers are permitted to leave.

. Likewise there is a need for the relevant government ministries (MCIL and DFAT) to vet and accredit the recruiting companies and employers overseas to ensure that the employment contract (including guaranteed minimum wages, accommodation, working conditions, leave and other entitlements) are satisfactory and are the same rates, conditions and terms as provided in the local (overseas) job market. The obligations and responsibilities of both the employer and the employee need to be documented and adhered to by both parties.

. So too the prospective workers need to be vetted and honest. Obtaining a clean Police Report, basic medical checks and references from village matai and pastor is a start. Yet there have been instances of workers absconding while under Court orders to remain in the country and of females departing while pregnant. Absolute full disclosure is essential and such workers should be returned and prohibited from such programs in the future.

. The PLM program in Australia also sits outside of the normal seasonal worker program in Samoa. Whereas "seasonal" workers are traditionally employed in agriculture and usually (but not always) for 6 months, the PLM program targets skilled and qualified workers specific sectors. These include hospitality, aged care, health and beauty care as well as utility services. These placements are also for 3 years. While workers can apply their skills and gain new skills overseas, it drains the Samoan economy of qualified workers in the local economy.

. It is of concern that some workers signed work place contracts written in English without knowing the contents or what they were agreeing to. Surely MCIL, recruiting agencies and the Samoan workers representatives have a role here. At the same time, while the overseas employers are recruiting largely unskilled workers, it is understood that some basic command of English was also a prerequisite. This underscores the need for more liaison officers to operate between all parties.

. Life is never perfect. Unfortunately there will be some employers who renig on there promises, fail to deliver obligations and basically exploit their workers. Workers need a mechanism where their grievances can be heard impartially and resolved without retribution. In this regard the Australian Senate Select Committee hearing is welcomed to listen to the voices of aggrieved workers. However, we cannot expect ongoing problems to be dealt with by politicians and there is a call for a more accessible agency to deal with day to day issues as they arise.

. So too not all workers fulfil their obligations towards their employer. There has been reports of behavioural problems, drunkenness, fighting and the like. Employers need to be able to deal with these issues swiftly and if necessary send these workers home. The employer too needs an independent agency to deal with worker issues swiftly as well.

. There are social issues to be considered also. Increasing numbers of seasonal programs in Australia and New Zealand are for 3 year terms. This is very lucrative for the employer but dislocates the family left behind in Samoa. While the family may benefit economically with better and more reliable income, 3 years is a long time to be away from spouse, children and family generally.

. With the loss of so many people from Samoa's hospitality sector there is real concern whether the industry can be resurrected once our borders open up.

In Conclusion

We cannot blame people with few job prospects here seeking meaningful employment and real dollars overseas. However the various worker and temporary migration programs have grown considerably and warrants closer review.

The review in Australia is now largely complete. However we look forward to the review by the Samoan government and hope that it too invites submissions from all affected and interested sectors and gives meaningful consideration to the diverse and often conflicting issues raised.