Foreignfarmworkerscaught in trap
ElisabethWynhausenFrom:TheAustralian
September 01,2008 12:00AM
A REDFerrari 360 Modena toolsdownthe mainstreet of Robinvale on Saturdaymornings. A Vietnameseman is at the wheel. Thesight of a $260,000 sportscar inasmallagricultural bordertown inVictoria'snorthweststillmakes heads turn.
Onlysixor sevenyearsago, Van "Nino" Nguyen,the driver, was a labourerpickingfruit.Nowheis oneof the richestmen in thetown, with a deep-sea fishingboatmoored nearbyonthe Murray, and aBMWwith "Nino"on the numberplate that hedrives when the Ferrari is inthe garage.But behind this remarkableimmigrantsuccess storyis the bleakrealityformanyforeign farm workers.
Ethnic contractorsaresupplying gangs ofagriculturallabourers,whose presenceis changingthe face of rural Australia. Robinvale has two Asian-ownedgroceries, anAsian-ownedbakery, ashop sellingTonganfavourites such astinnedtaro,andahairdresser whoemploys aMalaysianwoman on a457 visato translate forcustomers.
Twenty-sevennationalitiesare said to bein thetown, one aspect of aphenomenon thatheralds thefutureof regionalAustralia.
With its pilot scheme tobringin afewthousandPacificIslandersas fruit pickers, theRuddGovernment hasacknowledged the existence of itinerant workers from overseas.
Butexperience in Robinvale revealsthat Australiais creating asub-class ofworkersunableto appeal to the authorities,whateverhappens.
"Ifthere'sanaccident, some just don't do anything; theycover it up,"said aformerfruitpicker,recallingthat onewoman,anillegal who had been severelyinjuredbyafellowworker, had to paymanyhundreds of dollars for the ambulance that took her the87km toMildurahospital.
Some illegal workers, paid under-awardwages incash, are forced to handback 5 percent oftheir earnings aswellaspaycontractors $8 adayfortransport and up to $60 a week to rentmattresses in crowdedfiretraps or concrete-floored tin sheds.
A localresidentlooked into one backyard to seeawoodenfruitcratewitha mattress in it-and apieceof cloth tacked to it like alittle curtain."Itgets below zero herein winter -howcantheylivein places likethat?"said John Katis,the Robinvale councilloron the Swan HillCouncil.
Butfruit pickers knowthat if theywant a job theyhave to take theaccommodation."Ifyou'reillegal, the contractorcando anythinghe wants,"said the formerfruit picker. "If theyoweyouwages andcan'tpayyou,theydobyou in toImmigration."
Last July, 17 Malaysians,FilipinosandThais whohadbeen pruningvineyards weredeportedafteranImmigrationraidin the area.Theywereowed several weeks'wages.
Onewoman told TheAustralianshe hadorganisedhertripratherthan paying$5000 to anagent in Malaysia. Her contractor, a Vietnameseman sheknewas"Leroy",had paid her
$12.50 an hour (theaward rate is $17 an hour). She waspaying$60a weekfor a mattress onthe floor ofaroom she shared with four others, inahousewith 20 workers.
ChrisLoy, the brigade support officerfor Robinvale's CountryFireAssociation, believessuch overcrowdingis dangerous."We had aswitchboardfire ina three-bedroom houseinRobinvalewith 12 peoplethat weknow of in it. We didn'trealise until wewentthrough thehousethat there was a rice cooker ineveryroom."
Theelectrical system was so overloaded therewere power boards over powerboards.
A fewcontractorssaymuch the samething."There's a lot of cases of sheds beingfilled upwith people- we're completelyagainst that,"said Alf Fangaloka, adirectorof thefamily-ownedcontracting firmTree Minders, foundedbyhis father, Sam, who sometimes preachesin one ofRobinvale's six Tonganchurches. Whenthe familyarrived in Robinvalein the1980s, theylived in a dirt-floored hut.
Now SamFangalokahasoneof thebiggesthousesin Robinvale-on a palm-fringed blocknext door to thehouse whererival contractor Nino Nguyenlives with his wife,Flora.
Tree Minders is now owned bySamFangaloka'ssixchildren, who bought him out for
$350,000. Thebusinessturnsovermore than $7million ayear, said Alf Fangaloka, 28.Insummer theyhaveup to250 labourers workingfor almondproducerSelectHarvests, amanagedinvestment scheme associated with the agribusinessTimbercorp.
Fangaloka suggested hisfirmmight be unusual indoingthe right thingbyits seasonalworkers."There's a lot ofcontractorsIwon'tworkwith-Iknow howtheytreattheiremployees."
Officially,growerspaycontractors asum based on minimum wages, withaloadingtocovertax, superannuation,WorkCoverand the contractor'sfee-generally5 percent.
"Thecontractors -you seethem drivingin Mercedes.Is that all from the5 per cent?"saidtable grapegrower TonyNatale.
"They'llchargeyouforthe superannuationand what haveyou. Whetheritgoes to thepoorguyat theother end,Idoubt it."
In summer, Natale needs25 to30 peoplefor his 60ha.If hedoesn'tget them, the grapes willrot on thevines. But most of the workers, like much of thewater,go to themanagedinvestmentschemes. Smaller growerstakewhattheycanget."The waythe system is,youdon't reallyknow who the contractorbrings along."
Natale makes no secretof thefactthat his own propertywas raided someyearsback.
Immigration raids area fact of lifein towns suchasRobinvale,where undocumented workersgo bush for afew days iftheyget wind of a raid.Localssaythose deportedin recent monthsincluded a supervisorfor Nguyen.
Nguyen is overseas.Reached on his mobile, hedenied employinganyone.Hewasremindedthat heseasonallysupplied more than 100 labourers to work in theolivegroves for BoundaryBend, aTimbercorpMIS.
"Isubcontract.Idon't have anyone workingfor me.I'm in a meeting.I'monholidays.
"Excuseme,you're not thetaxofficeandyou're notImmigration-Idon't haveto answeryou,"hesaid.
BoundaryBendmanagingdirector Paul Riordan said Nguyen supplied thecompanywithworkers to do everything fromtractor drivingto pruningand planting.
"He'sgot to provide us documentationfor everyworker,"Riordan said.
Growersandproducers areno longer immunefrom prosecution if theyindirectlyemployillegal workers.But in theyear since legislation was introduced to penalise employersfor"knowinglyor recklesslyemployingillegalworkers", just sixemployers have beeninvestigatedand onlyone hasbeen tocourtandpleadedguilty.