A BETTER LIFE? Stories of Exploited Guest Workers in Australia Contents Guest Workers Jacinto pg 4 Basilio pg 6 Mohammed pg 7 Mikko pg 9 Sam pg 11 Pedro pg 12 Help for Guest Workers English pg 14 Korean pg 16 Chinese pg 18 Farsi pg 20 Arabic pg 22 Written and Edited: CFMEU (Construction and General Division) NSW Branch (02) 9749 0400 Design and Printing: Print & Mail Pty Ltd (02) 9519 8268 Introduction T he hope of a better life is the common thread that runs through the stories of almost all guest workers who come to Australia. The relatively good working conditions and the stronger currency are a big temptation for those wanting to provide more for their families. For many, however, the life that awaits them here does not match expectations. All too often, guest workers’ vulnerabilities are exploited. Many guest workers are ignorant of Australia’s workplace laws. The threat of being sent home hangs heavy, particularly as many have made large investments to come to Australia. Language can be a barrier in seeking help. The fact that guest workers are twice as likely to die at work as other workers is tragic evidence of this vulnerability. While it is business that largely benefits from the presence of guest workers, it is often left to unions, such as the CFMEU, to pick up the pieces when things go wrong. When the stories of exploited guest workers have reached the CFMEU, the union has, where possible, recovered entitlements and pursued justice on their behalf. Although planned changes to the 457 visa scheme address some of the problems, the opportunity for abuse will always exist. This booklet tells the story of just some of the guest workers who have faced exploitation and abuse in Australia. It is hoped these stories promote discussion in the community about the treatment of guest workers and raise awareness amongst guest workers of their rights. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 3 An Uncertain Future F rom an internet café in Sydney, Jacinto Manansala chats with his children over the computer. It has been two years since the 46-year-old rigger has seen his kids, who are living with their mother in the Philippines. He misses them desperately. Jacinto’s family was the reason he gave over his life savings to a recruitment agency and came to Australia. “I thought I would get more money here and better opportunities – be able to feed my kids, send them to good schools and buy them what they want,” Jacinto said. That dream, however, began to fade when the company that brought him to Australia sacked him. Since he arrived in Australia, the conditions Jacinto had been working in were not what he expected. His first paycheque came late and his employerprovided living space was cramped. Jacinto said his immediate supervisor was “pushing us to work beyond our normal limits” and threatening to send him and the other Filipino workers “back home”. “The insults and harassment pushed many of us to the edge,” Jacinto recalls. After a year working with the company, Jacinto talked with his workmates and they decided to take action. They would put a letter together outlining the bullying and unsafe working conditions. Jacinto was left homeless management, Jacinto and three others were called into the manager’s office. The workers were told their services were no longer required and there were no more jobs available. Although Jacinto did not believe there was no more work, he reluctantly accepted the termination. He searched for more work and found it with a Queensland steel fabrication company. A few days after starting, the boss gave Jacinto an employment contract to sign. A few days after handing the letter to 4 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia The boss only paid Jacinto in occasional cheques for $600 and then only when Jacinto asked for it. When Jacinto went to chase $3375 he believed was owed to him in unpaid wages, he was docked for the cost of the employer checking his records. After six months working for the company, Jacinto was fired. Jacinto was left broke, with nowhere to live. To make matters worse, the company did not provide a plane ticket for Jacinto to return home, as it was required to. “I was losing sleep, I couldn’t eat for days and I couldn’t think properly because of what was happening,” Jacinto said. Destitute, Jacinto came to the CFMEU for assistance. after his boss sacked him. The contract was for a full-time rigger and set the rate of pay $3 less an hour than what the boss told him at the interview. The union was able to provide him with temporary accommodation at its Western Sydney headquarters and raise some money to help him along. Jacinto is continuing to look for work and has not given up providing a better future for his family. Jacinto signed the contract, desperate to stay in a job so he would not be sent back to the Philippines. The economic crisis, however, is making finding work difficult. Despite being hired as a skilled worker, Jacinto found himself doing odd jobs such as sweeping floors and washing dishes. “I wanted my children to be able to go to good schools which provide the type of education that will take care of their and their children’s longer survival for the future.” When there was no work, the boss told him not to come in, sometimes for weeks. He was not paid for this time. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 5 Sick and Out B asilio Reyes had been working in Australia for almost a year when he was diagnosed with cancer. Though this was most serious setback the fatherof-two had faced since leaving Chile, it was not the first – nor was it to be the last. The 46-year-old was brought to Australia to work as a chef in a Mexican-themed restaurant in Southern Sydney. Despite it being a condition of his visa to perform only skilled work, Basilio found himself being ordered to sweep the floor and clean up. secured almost $3000 in unpaid wages and superannuation. An unfair dismissal claim against the employer obtained a confidential settlement. But his boss continued to refuse to pay Basilio’s medical expenses. Although Basilio originally planned to stay in Australia, the ordeal saw him return to Chile. “I came to Australia to make money for my family and give my children a good start … but have found out that 457 workers are treated differently from all other workers,” Basilio said. When Basilio complained about poor hygiene at the restaurant, he claimed he was abused by his employer. But the Chilean’s work problems paled into insignificance when doctors told him there was a life-threatening melanoma growing on his torso that needed surgery. Despite the shattering news, Basilio continued working until the day before his operation. After several weeks of recovery, doctors told him to take more time off work. With a drain fixed to his side, Basilio went to see his boss. Basilio explained the situation to his boss and as migration law made the employer responsible for medical treatment not covered by insurance – gave him a medical bill for $7000. His boss responded by sacking him. Basilio’s brother, a member of the CFMEU, suggested he contact the union for assistance. After months of picketing outside the restaurant and an extensive legal battle, Basilio 6 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia Destination Sydney After facing underpayment and threats, Mohammed found work with a better employer. M ohammed Nayeem thought something was wrong when he called the workers who had arrived in the Sydney ahead of him. The metal fabricator had met his future workmates in Singapore at the recruitment agency which promised them good jobs in Australia. Over the phone, the workers told him the boss was not paying overtime, despite being a condition of the contract they had signed. Mohammed had worked in Singapore, Qatar and his native India. Australia, he thought, was a land of strict regulations – where bosses could not get away with some of the abuses he had seen elsewhere. However, with $6000 already paid to the migration agent in Singapore and $6000 outstanding, Mohammed thought he had better go. Bidding goodbye to his wife and two children in India, he set off for Sydney. Once he arrived, he was shown his living quarters – a converted office above the workshop, which had eight beds squeezed into two rooms. Mohammed was made to work between 50 and 70 hours a week. When he checked his payslip he was being deducted $100 a week for rent and another $200 to $300 for the agent in Singapore. Mohammed confronted his boss about the unpaid overtime, but was told not to worry about it. Months went by and still Mohammed did not see any overtime money. Again he confronted his boss. His boss told him no one else was asking about A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 7 overtime – then said Mohammed’s performance was not up to scratch. He was given a termination letter and told his visa would be cancelled. “My children could recognise me, but I couldn’t recognise them,” he says. “This has put a lot of pressure on my family.” Mohammed hopes to one day bring his family to Australia and put the past behind him. Mohammed was taken aback. He had worked in other jobs for 10 years without any problem, it did not make sense his performance was suddenly being questioned. In all his years working, his initial experience in Australia was the worst treatment he ever experienced. He spoke to his colleagues, and they decided to seek help from a lawyer. They were also able to find another job in Queensland. When Mohammed and his workmates told the boss they were leaving, the boss told them that they could not resign without his permission. So one night, under the cover of darkness, they quietly slipped out of their cramped quarters and moved in with friends. The boss tracked them down. He threatened to break Mohammed’s legs and send him back to India. To Mohammed and his workmates, it did not sound like an idle threat. “He’s got money, he can do anything,” Mohammed says. Fortunately, nothing came of the threats and after months of legal wrangling, Mohammed got a cheque for $8000 for some of the unpaid money. He is now working for a company back in Sydney where he is treated well. He recently went for a trip back to his hometown in Southern India to visit his family who he had not seen in three years. 8 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia Kicked Around O ulu is probably not the best place for a golfing enthusiast to live. As a boy he spent school holidays working with his dad, who was a builder, and picked up skills in many different trades. In the depths of winter, the city in Northern Finland gets less than four hours of sunlight each day. Working in Australia came easy, although there were some differences. So when Mikko Siikaluoma was offered a chance to work in Australia as a tiler, he thought he struck gold. Australia, he says, builds homes ‘upside down’ and in Finland a lot more of the work is standardised. Not only could he escape the cold Finnish winters, he could play the sport he loved all year round. Each day after work, Mikko would rush down to the golf course to get a few holes in. At 41, Mikko had plenty of experience around building sites. However, Mikko’s golfing ambitions came to an abrupt end when he went to lift a 25 kg barrel of tiling cement. Mikko has not been able to work since breaking his shoulder on a building site A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 9 He had lifted the barrel many times before, but this time he felt an excruciating pain in his back. Mikko fell to the floor, unable to move. With no-one working with him, Mikko was left no option but to lie in agony until movement returned to his body. When it did, he crawled to his car and somehow drove home. not prepared to lie to a doctor. He went to the CFMEU office at Newcastle to find out his rights. With the aid of the CFMEU, Mikko was able to obtain more than $20,000 in workers compensation entitlements, unpaid wages, allowances, severance pay and outstanding annual leave. However, every day is still a struggle. After spending a week on his back, Mikko’s boss told him he had two choices: go to back work or go to Finland. Unsure of his rights, Mikko reluctantly went back to work. But the pain continued; sometimes it became so intense he had to stop work and lay down. About two months later, his boss told him to sign a contract taking away his entitlements and wrapping them up into a single hourly wage. The contract was dated a week before he arrived in Australia. Mikko was told if he did not sign the contract, he would be sent back to Finland. Again Mikko reluctantly agreed. The last straw came when he stepped into an unguarded trench at one of the sites he was working on. He has not worked since he broke his shoulder, and has been in and out of hospital for several operations. Unable to bend or lift, Mikko says he has lost the only skills he has. “I’ve lost all my education – all I’ve done all my life.” Mikko is largely restricted to his tiny apartment in Sydney’s North, where he lives with his Australian wife and three-month-old child. He constantly finds himself in battles to receive his workers compensation payments and to stay in the country. He says it seems as if Australia does not want to know about his injury because he is Finnish and Finland does not want to know about his injury because it happened in Australia. “Now I feel like a ball,” Mikko says. He fell, breaking his shoulder. Returning to Finland, however, is not an option. His boss told him to tell the doctor that he sustained the injury while playing golf. “I have to stay here,” he says, motioning to the next room, where his wife is nursing their child. While Mikko had been prepared, however reluctantly, to work on through injury and sign a backdated contract which paid him less, he was 10 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia Forever Scarred Sam after he was attacked by his boss. (Picture: Bleedin’ Heart Media) S am Kautai came to work in Australia because he “heard it was good money”. What awaited the young Cook Islander, however, was the one of the worst cases of abuse seen by unions in Australia. Not only was Sam paid only $50 per month and made to work up to 12 hours a day for a roofing and guttering company, he was savagely beaten by his employer on a regular basis – including with a claw hammer. The 18-year-old suffered numerous horrific injuries including blindness in one eye, blurry vision in the other, partial deafness, a broken nose, jaw and teeth, severe scarring and brain damage. Four other Cook Islanders, all working in Australia on New Zealand passports, were subjected to abuse from the same employer. “He threatened to kill us and to kill our families. He held our passports. There was nothing we could do,” Ngatokorima Kainuku said. A union activist heard about Sam’s ordeal through his wife, who had heard it through her local touch football competition. The CFMEU subsequently took on Sam’s case and he received a total of $700,000 in work injury claims. Following a CFMEU campaign for justice, police prosecuted Sam’s employer, Manuel Puruto. Puruto was subsequently found guilty of assault and sentenced to two years jail. Sam returned to the Cook Islands and his family after the ordeal. Although some justice was achieved, his life will forever be scarred by his experience in Australia. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 11 No Return It was the call all families dread. At her home in Manilla, Maria Magdalina picked up the phone. It was one of her husband’s workmates on a remote Northern Territory cattle station. He told her Pedro would not be coming home. The 35-year-old father of three had been riding in the back of a ute being driven by one of the property’s stockman. According the workmate, who had also been riding in the back, the ute had been travelling about 90km/h and was swerving dangerously. Another worker in the tray had banged on the cab for the driver to stop. As the car veered, the other workers heard Pedro shout. The next moment he was lying on the dirt track with a cracked skull and no pulse. After she heard the shocking news, Maria told the workmate to check back at the hospital – there must have been a mistake. But there had been no mistake – Pedro was dead, along with his dream of a better life for his family. A plaque at the CFMEU’s NSW This was not the first time Maria heard bad news from Australia. He was working up to 11 hours a day and not being paid overtime. He felt isolated. On Pedro’s birthday, a couple of months after he arrived in Australia, he had called his wife to tell her he wanted to come home. But in spite of his disillusionment and desire to return home, the dream of owning his own house and good education for his children kept him going. He said he was being made to do hard physical labour instead of the job the university-educated piggery supervisor was brought out to do. 12 Six weeks later, Pedro was dead. When the news of Pedro’s death sunk in, Maria wept: “Now they will let him come home.” A BETTER LIFE? - Stories of Exploited Guest Workers in Australia headquarters commemorating five Filipino guest workers killed in Australia. Workers on 457 visas are twice as likely to die from work-related incidents than other Australians. Wilfred Navales, a 43-year old stonemason from the Philippines was crushed to death by two slabs of granite in Western Australia. Other 457 workers who have been killed: Antonio Pili and Rey Jardinel were killed in a work vehicle in Queensland. Guo Jian Dong, a 33-year-old logger from Inner Mongolia in China was killed in Queensland when a tree fell on him. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 13 English If you are a 457 visa holder: • You must apply for a new visa if you change jobs, including a different role with the same employer. • You must only perform work within the trade you have been sponsored for on the existing visa and cannot be used for work such as labouring. • You must be paid weekly, fortnightly or monthly. • You can never be paid less than the minimum salary level (MSL), no matter how many hours you work. From 1 July 2009, the minimum salary level for all new and existing 457 visa holders will be $45,221. The minimum salary level is likely to increase further in mid-September 2009. • If you are covered by an Australian industrial instrument (eg an award, an agreement or a contract) that pays more than the minimum salary level, you must be paid that amount. • Deductions to pay (excluding tax and tax-deductable deductions) cannot take your salary below the minimum salary level. For example, rent and health insurance deductions cannot take your salary below the minimum salary level. • An employer can only make deductions to your pay if you understand and agree to them. • An employer must make contributions on your behalf to a superannuation fund at nine per cent of ordinary salary. • An employer cannot force you to live somewhere. • An employer is responsible for the cost of your treatment in Australia’s public hospitals. • If you are injured at work you must notify your employer, who must record the injury and notify their insurance company within two days. You must also consult a doctor and obtain a WorkCover medical certificate. You may choose which doctor you see. Insurance can cover you for time off work, as well as other expenses such as medical treatment. 14 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia If you cannot return to work for an extended period of time because you are injured or sick, you will need to take action to resolve your visa status. A 457 visa requires you to be able to work in your sponsored job. If this is not possible, you may be able to stay in Australia on a different visa, or you may have to consider returning to your home country until you are well enough work. If this happens to you, contact the CFMEU urgently to arrange further advice. • An employer cannot sack you for reasons that are unlawful – such as race, sex or union membership – or, in some cases, for reasons that are unfair. • If you are sacked, you are normally allowed a short period time to find a new sponsoring employer. The amount of time is at the discretion of the Minister for Immigration, although decisions of the Department of Immigration and Citizenship to cancel your visa can be challenged through the Migration Review Tribunal. • Whether you are sacked or your visa expires, your employer must ensure the cost of your return travel is met. This information is not legal advice and is provided as a guide only. Your personal circumstances might mean that other arrangements and conditions apply. To get more information about your individual circumstances please contact the CFMEU on 02 9749 0400. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 15 Korean Korean 호주건설노조(CFMEU) 457 비자 소책자 당신이 457 비자 보유자이면 z 당신이 동일한 직장에서 다른 역할을 할 경우를 포함, 직업을 변경할 경우에는 반 드시 새로운 비자를 신청해야 한다. z 당신은 기존 비자로 스폰서를 받은 기술직종의 범위 안에서만 근무해야 하며 단순 노동 같은 일은 할 수 없다 z 주급이나, 격주급 혹은 한달 간격으로 임금을 받아야 한다. z 몇 시간을 일하더라도 최저 임금 수준(MSL: minimum salary level) 보다 적게 받아서 는 절대 안 된다. 2009년 7월 1일부터, 기존이나 신규 457 비자 보유자의 연간 최저 임금 수준은 45,221불이 다. 최저 임금 수준은 2009년 9월 중순 상승할 것으로 보인다. z 당신의 임금이 호주 노동 규정 (예를 들어 근로기준협약-award-나 동의 혹은 계약) 에 의한 것이라면 그 임금이 최저 임금 수준 보다 많아야 하며 협약이나 동의 혹은 계약된 금액을 받아야 한다. z (세금이나 세금공제를 제외한) 부세 차감액 때문에 연봉이 최저 임금 수준 미만으로 줄어 들어서는 안 된다. 예를 들어 임대료나 건강보험으로 인한 부세 차감액으로 연봉이 최저 임금 수준 미만으로 떨어지면 안 된다. z 고용주는 당신이 이해하고 동의하는 경우에 한에서만 차감액을 부과시킬 수 있다. z 고용주는 당신을 대신해 당신의 정상 연봉의 9 페센트에 해당하는 금액을 퇴직 연 금으로 기여해야 한다. z 고용주는 당신의 주거지를 제한 할 수 없다 z 고용주는 당신이 호주 공립 병원을 이용할 경우 치료비를 책임지어야 한다. z 만약 당신이 일터에서 부상을 입었다면 귀하는 고용주에서 보고해야 하며, 고용주 는 사고 발생 2일 이내 부상을 기록해야 하며 고용주의 보험회상에 통보해야 한다. 당신 역시 부상에 대해 의사와 상담해야 하며 산업재해공단 제출용 의사 진단서 (Workcover medical certificate)를 얻어야 한다. 당신이 원하는 의사를 선택할 수 있 다. 병원치료 비용이나 근무 시간 이외 부상도 보험으로 커버될 수 있다. 16 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 만약 당신이 상해를 입거나 아파서 연기된 기간 동안 근무지로 복귀할 수 없다면, 당신의 비자를 해결하도록 본인이 노력해야 한다. 457 비자는 당신이 스폰서 받은 직업에서만 근무 하도록 요구하고 있다. 만약 이런 것이 가능하지 않다면, 당신은 다른 비자로 호주에 머물 수는 있을 것이며, 그렇지 않다면 당신이 일 할 수 있을 정도로 건강할 때 출신국으로 귀국 하는 것을 고려할 수도 있다. 만약 이런 경우라면 추후 대체 방안에 대해 상담 받을 수 있 도록 즉각 호주건설노조(CFMEU)에 연락을 취해야 한다. z 고용주는 인종이나 성별 그리고 조합 회원이라는 이유로, 혹은 어떠한 부당한 이유 로도 귀하를 해고 시킬 수 없다 z 만약 당신이 해고를 당한다면 당신은 관례대로 새로운 스폰서 회사를 찾을 수 있는 짧은 기간을 부여 받는다. 당신의 비자를 취소시키는 이민부의 결정에 대해 당신은 이민재심소(MRT)에 이의 신청을 할 지라도, 새로운 스폰서 회사를 찾는 기간은 이 민부 장관의 재량에 따라 결정된다. z 당신이 해고를 당하거나 비자가 만료되었다면 고용주가 당신의 왕복 항공료를 부담 할 의무가 있다. 본 정보는 법적 자문은 아니며 안내에 불과한 것이다. 당신의 개인 상황에 따라 다른 조정 이나 조건이 적용된다. 당신의 개인적인 상황에 대한 정보가 필요하다면 건설노조의 대표 전화 02 9749 0400로 전화주기 바란다. A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 17 Chinese 工会 CFMEU 457 签证通知 如果你是一个 457 签证的持有者: 你必须申请一个新的签证如果你更换工作, 包括同一个工作单位的不同工作角色. 你只可以从事你的现有工作签证所担保的工作, 不可以做其他的工作例如杂工. 你的工资必须每周, 每两周 或每月被发放. 你的工资永远不可以被支付低于最低工资水平无论你工作了几个小时. 从 2009 年 7 月 1 日起, 所有新的和已有的 457 签证的持有者的最低年工资水平是$45,211. 最低工资水平很有可能在 2009 年 9 月中旬增长更多. 如果你被包括在某种澳洲行业合同(如: 工资法, 协议 或者是合同) 中,应被付工资高于 最低工资水平, 那么你将必须被付于所应付的数目. 扣除工资(不包括税减),你被扣除应扣除的工资后所剩工资不可以低于最低工资标准,例 如房租或健康保险. 一个工作单位只可以在你同意和明白应有的扣除时才可以从你的工资里扣除. 一个工作单位必须为你支付正常工资的 9%的养老保险. 一个工作单位不可以强制你住在某处. 一个工作单位应对你在澳洲公共医院的出诊费用负责. 如果你在工作时受伤必需通知你的工作单位, 所在工作单位必须记录和通知其保险公 司在两天之内. 你必须询问医生及获得一份 WorkCover 的伤病报告,你可以选择去看哪 个医生. 保险会赔偿你因此没有上班的工资, 同时还有其他一些费用如医院费用. 如果你应为受伤或生病而有更长的时间不能回去工作, 你将需要解决你的签证问题,457 签 证要求你有能力做你所被担保的工作. 如果这个不可能, 你有可能用另外一种签证留在澳洲 或者你需要考虑回到你自己的国家直到你身体痊愈可以工作. 如果有这类事情在你身上发 生, 请紧急联系工会(CFMEU)以得到更多建议. 一个工作单位不可以因为不合法的原因解雇你- 如:种族,性别 或者工会会员- 或者在 一些情况下, 一些不公平的原因. 如果你被解雇, 你正常会被允许一段短时期去找一个新的担保单位. 时间长短取决于移 民局领导,即使你的签证被取消了,你也可以上诉到移民部上诉法院(MRT). 无论你被解雇还是签证到期, 你的工作单位必须保证你回程的花费. 以上信息不是法律建议, 只是提供参考. 你的个人情况有可能需要一些其他的安排和条件. 想了解更多信息关于你个人的情况请联系工会(CFMEU),02 9749 0400. 18 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia ̵Ύϣήϔ̯ ̮ϳ Ωΰϧ έ ̵ΪϳΪΟ έΎ̯ Ϫ̯ ΪϳέΩ ϩίΎΟ ̶ϫΎΗϮ̯ ΕΪϣ ̮ϳ ϻϮϤόϣ ˬΪϳΪη ΝήΧ ΎϤη ή̳ ΪϨ̩ ήϫ ˬΩϮη ̶ϣ κΨθϣ ΕήΟΎϬϣ ήϳίϭ ΪϳΪΣϼλ ΎϨΑ ΎϤη ϝΎϐΘη ϥΎϣί .ΪϴϨ̯ Ϊϴ̡ ϩΪϨϨ̯ ΖϳΎϤΣ ΕήΟΎϬϣ ήψϧ ΪϳΪΠΗ ϥϮϳΩ ̵Ϯγ ί ΪϨϠΌΗ ̶ϣ ΎϤη ̵ΰϳϭ Ϯϐϟ ̵ήΑ ΕήΟΎϬϣ ϩέΩ ϢϴϤμΗ Ϫ̯ .Ωήϴ̴Α έήϗ ζϟΎ̩ ΩέϮϣ .ΪϨ̯ ϦϴϣΎΗ έ ΎϤη Ζθ̳ίΎΑ ΝέΎΨϣ ΪϳΎΑ ΎϤη ̵ΎϣήϓέΎ̯ ˬΎϤη ̵ΰϳϭ ΎπϘϧ Ύϳ ΝήΧ ΕέϮλ έΩ x x ̶Ϩόϣ ϪΑ ΪϳΎη ΎϤη ̶μΨη ςϳήη .Ζγ ϞϤϋ ̵ΎϤϨϫέ ̮ϳ ςϘϓ ϭ ΪϨΘδϴϧ ̶ϧϮϧΎϗ ̵Ύϫ ϪϴλϮΗ ΕΎϋϼσ Ϧϳ ΩέϮϣ έΩ ήΘθϴΑ ΕΎϋϼσ ΖϓΎϳέΩ ̵ήΑ .ΪϨηΎΑ ήΟ ϞΑΎϗ ϭ ίΎϴϧ ΩέϮϣ ̵ή̴ϳΩ ΕΎΒϴΗήΗ ϭ Ζϴόοϭ Ϫ̯ ΪηΎΑ Ϧϳ .Ϊϳήϴ̴Α αΎϤΗ (02)97490400 ϦϔϠΗ ϩέΎϤη ΎΑ CFMEU ΎΑ Ύϔτϟ ϥΎΗΩϮΧ ̶μΨη ςγήη A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 19 Farsi :ΪϴΘδϫ 457 ̵ΰϳϭ ̵έΩ ΎϤη ή̳ Ωΰϧ ΎϤη Ϫϔϴχϭ ή̳ ϪϠϤΟ ί ˬ ΪϴϨ̰Α ̵ΪϳΪΟ ̵ΰϳϭ ΖγϮΧέΩ ΪϳΎΑ ΎϤη ΪϳΩή̯ νϮϋ έ ϥΎΗ έΎ̯ ή̳ Ζγ ϪΘϓΎϳ ήϴϴϐΗ ̶ϧϮϨ̯ ̵ΎϣήϓέΎ̯ έΎ̯ ϝϮϐθϣ Ϊϳ ϪΘϓή̳ έήϗ ΖϳΎϤΣ ΩέϮϣ Ϫ̯ ϥΎΗ ̶ϧϮϨ̯ ̵ΰϳϭ ΎΑ ϭ ̶ϔϨλ ϩίϮΣ έΩ ςϘϓ ΪϳΎΑ ΎϤη ΩϮη ϪΘϓή̳ έΎ̰Α ϩΩΎγ ̵ή̳έΎ̯ ϼΜϣ Ϟϐη ̵ήΑ ΪϧϮΘϴϤϧ ΰϳϭ Ϧϳ ϭ ΪϴηΎΑ ΩϮη ΖΧΩή̡ ϪϧΎϫΎϣ Ύϳ ϭ ϪΘϔϫ ϭΩ ήϫ ˬ̶̴Θϔϫ ΪϳΎΑ ΎϤη ΩΰϤΘγΩ ϪΘϔ̳ (MSL)ϥ ϪΑ έΎμΘΧ έϮτΑ Ϫ̯ ϪϧϻΎγ ϪϳΎ̡ ΩΰϤΘγΩ ϞϗΪΣ ί ήΘϤ̯ ̵ΩΰϤΘγΩ ΪϳΎΒϧ ΰ̳ήϫ ΎϤη ΩέΪϧ ΎϤη ΩΰϤΘγΩ ϦϴϴόΗ ϪΑ ̶τΑέ ΎϤη ̵έΎ̯ ΕΎϋΎγ ϥΰϴϣ ˬΪϴϨ̯ ΖϓΎϳέΩ ΩϮθϴϣ x x x x 457 ̵ΰϳϭ ΩϮΟϮϣ ϭ ΪϳΪΟ ϥΎ̳ΪϧέΩ ϪϴϠ̯ ̵ήΑ ϪϧϻΎγ ϪϳΎ̡ ΩΰϤΘγΩ ϞϗΪΣ (Ϫϴϭ̫) ̵ϻϮΟ ϩΎϣ ϝϭ ί .ΖϓΎϳ ΪϫϮΧ ζϳΰϓ ϪϧϻΎγ ϪϳΎ̡ ΩΰϤΘγΩ τγ 2009 ήΒϣΎΘ̢γ ςγϭ ί ϻΎϤΘΣ .ΩϮΑ ΪϫϮΧ έϻΩ 45221 ΩΩέήϗ ̮ϳ ˬ̶Ϥγέ ϡΪΨΘγ ̮ϳ ˬϼΜϣ ) ΪϴΘδϫ ̶ϣΪΨΘγ ΪϨγ Ύϳ ΩΩέήϗ ̮ϳ ζηϮ̡ ΖΤΗ ΎϤη ή̳ τγ ϥΎϤϫ έΩ ΪϳΎΑ ΎϤη ˬΩϮθϴϣ ΖΧΩή̡ ΎϤη ϪΑ ϪϳΎ̡ ΩΰϤΘγΩ ϞϗΪΣ ί ήΘθϴΑ Ϫ̯ (ϪϣΎϧ ϥΎϤϴ̡ ̮ϳ Ύϳ ϭ .ΪϴϨ̯ ΖϓΎϳέΩ ΩΰϤΘγΩ ˬήΗϻΎΑ x ί ήΘϨϴϳΎ̡ ϪΑ έ ΎϤη ΩΰϤΘγΩ ΪϧϮΘϴϤϧ (̶ΗΎϴϟΎϣήδ̯ ̵ΎϬϳήδ̯ ϭ ΕΎϴϟΎϣ ί ήϴϐΑ ) ΩΰϤΘγΩ έΩ ΎϬϳήδ̯ ΪϧϮΘϴϤϧ ΖηΪϬΑ ϪϤϴΑ ̵ήΑ ̵ήδ̯ ϭ Ϫϳή̯ ϪϧϮϤϧ ϥϮϨϋ ϪΑ .ΪϫΩ ζϫΎ̯ ϪϧϻΎγ ϪϳΎ̡ ΩΰϤΘγΩ ϞϗΪΣ .ΪϫΩ ϞϴϠϘΗ ϪϧϻΎγ ϪϳΎ̡ ΩΰϤΘγΩ ϞϗΪΣ ήϳί ϪΑ έ ΎϤη ϪϧϻΎγ ΩΰϤΘγΩ x ϥ ϖϓϮϣ ϭ ϩΩή̯ ̭έΩ ήϧ ΎϤη Ϫ̯ ΪϨ̯ ΩΎΠϳ ΎϤη ΩΰϤΘγΩ έΩ ̶θϫΎ̯ ΪϧϮΘϴϣ ̶ϣΎ̴Ϩϫ ςϘϓ ΎϣήϓέΎ̯ .ΪϴηΎΑ x ΰϳέϭ ΎϤη ̶̴ΘδθϧίΎΑ ϕϭΪϨλ ϪΑ έ ΎϤη ̵ΩΎϋ ΪϣέΩ ί %9 ϝΩΎόϣ ΎϤη ΐϧΎΟ ί ΪϳΎΑ ΎϣήϓέΎ̯ .ΪϳΎϤϧ x .ΪϨ̰Α ϪΘϓή̳ ήψϧ έΩ εΩϮΧ Ϫ̯ ̶ϧΎ̰ϣ έΩ ϥΩή̯ ̶̳Ϊϧί ϪΑ έΩϭ έ ΎϤη ΪϧϮΘϴϤϧ ΎϣήϓέΎ̯ x .Ζγ ΎϴϟήΘγ ̶ϣϮϤϋ ̵ΎϬϧΎΘγέΎϤϴΑ έΩ ΎϤη ̵ϭΪϣ ΝέΎΨϣ ϝϮΌδϣ ΎϣήϓέΎ̯ x έΩ ΪϳΎΑ ΎϤη ̵ΎϣήϓέΎ̯ ˬΪϴϫΩ ωϼσ ϥΎΘϳΎϣήϓέΎ̯ ϪΑ ΪϳΎΑ ΪϳΪη ϡϭΪμϣ ϭ ΡϭήΠϣ έΎ̯ ήγ έΩ ΎϤη ή̳ ήΘ̯Ω ̮ϳ ΎΑ ΪϳΎΑ ϦϴϨ̪Ϥϫ ΎϤη .ΪϫΩ ωϼσ εΩϮΧ ϪϤϴΑ Ζ̯ήη ϪΑ έ ΎϤη ΖΣήΟ ϭ ϪϣΪλ ίϭέ ϭΩ ήΘ̯Ω ΎϤη Ϫ̯ ΩέΩ ΩϮΟϭ Ϧϳ ϥΎ̰ϣ .Ϊϳήϴ̴Α έ WorkCover ̶̰ηΰ̡ ̭έΪϣ ̮ϳ ϭ ϩΩή̯ ΕέϮθϣ έ ̶ϳΎϫίϭέ Ύϳ ΕΎϋΎγ ) ΎϤη ̵έΎ̯ ϪΘϓέ ΖγΩ ί ϥΎϣί ΪϧϮΘϴϣ ϪϤϴΑ .ΪϴϨ̯ ΏΎΨΘϧ έ ΩϮΧ ήψϧ ΩέϮϣ ̵ϭΪϣ ΪϨϧΎϣ ΝέΎΨϣ ήϳΎγ ϦϴϨ̪Ϥϫ ˬ(ΪϳϭήΑ έΎ̯ ήγ ΪϴϧϮΘϴϤϧ ϭ ϩΩΩ ΖγΩ ί ̵έΎ̯ ϪΤϧΎγ ϞϴϟΪΑ Ϫ̯ .ΪϨ̯ ΖΧΩή̡ έ ΎϤη ̶̰ηΰ̡ x κΨθϣ ̵ήΑ ΪϳΎΑ ˬΪϳΩή̳ήΑ ϥΎΗέΎ̯ ϪΑ ̶ϧϻϮσ ΕΪϤΑ ΪϴϧϮΗ ̶Ϥϧ ̵έΎϤϴΑ Ύϳ ϭ ̵έΎ̯ ϪϣΪλ ϞϴϟΪΑ ΎϤη ή̳ ΩέϮϣ Ϫ̯ ̵έΎ̯ έΩ Ϫ̯ ΩίΎγ ̶ϣ ϡΰϠϣ ϭ έΩΎϗ έ ΎϤη 457 ̵ΰϳϭ .ΪϴϨ̯ ϡΪϗ ϥΎΘϳΰϳϭ Ζϴόοϭ ϥΩή̯ ̵ΰϳϭ ̮ϳ ΖΤΗ ΪϴϧϮΘΑ ΪϳΎη ΎϤη ˬΪθϧ ήϳά̡ ϥΎ̰ϣ Ϧϳ ή̳ .ΪϳϮη έΎ̯ ϪΑ ϝϮϐθϣ Ϊϳ ϪΘϓή̳ έήϗ ΖϳΎϤΣ ϩΩΎϣ έΎ̯ ̵ήΑ ϭ ΪϴΑΎϳ ̶ϣίΎΑ έ ΩϮΧ Ζϣϼγ ΎΗ ΪϳΩή̳ίΎΑ ΩϮΧ έϮθ̯ ϪΑ Ϫ̰Ϩϳ Ύϳ ΪϴϧΎϤΑ ΎϴϟήΘγ έΩ ή̴ϳΩ .Ϊϳήϴ̴Α ̵ήΘθϴΑ ̵Ύϫ ϪϴλϮΗ ΎΗ Ϊϳήϴ̴Α αΎϤΗ CFMEU ΎΑ έϮϓ ˬΪη ϦϴϨ̪Ϩϳ ή̳ .ΪϳϮη ̶ϣ έΩ ΖϳϮπϋ Ύϳ ϭ ΖϴδϨΟ ˬΩ̬ϧ ΪϨϧΎϣ – ΪϨ̯ ΝήΧ ̶ϧϮϧΎϗήϴϏ ϞϳϻΪΑ έ ΎϤη ΪϧϮΘϴϤϧ ΎϣήϓέΎ̯ .ΪϨΘδϫ ϪϧΎϔμϨϣ ήϴϏ Ϫ̯ ̶ϠϳϻΪΑ ΩέϮϣ ̶ΧήΑ έΩ Ύϳ – ϪϳΩΎΤΗ 20 x A BETTER LIFE? - Stories of Exploited Guest Workers in Australia ϥ ϦϜϤϳ .ϪΗέΎθΘγ ΪϳήΗ ϱάϟ ΐϴΒτϟ έΎϴΘΧ Ϛϟ ϖΤϳ .ΔϴΒσ WorkCover ΓΩΎϬη ϰϠϋ ϚΟϼϋ ΕΎϘϔϧ ϞΜϣ ϯήΧϷ ΕΎϓϭήμϤϟ Ϛϟάϛϭ ϞϤόϟ ΝέΎΧ ϚΎϘΑ ΓΪϣ Ϧϴϣ΄Θϟ ϲτϐϳ .ϲΒτϟ ˬϚοήϣ ϭ ϚΘΑΎλ· ΐΒδΑ ΔϠϳϮσ ΓήΘϔϟ ϪΟέΎΧ ΖϴϘΑϭ ϞϤόϟ ϰϟ· ΓΩϮόϟ ϚΘϋΎτΘγΎΑ ϦϜϳ Ϣϟ Ϋ· ϰϠϋ ˱έΩΎϗ ϥϮϜΗ ϥ 457 Γήϴη΄Θϟ ρήΘθΗ .ϚΗήϴη΄Η ϊοϭ ωϮοϮϣ Ϟ˷ Τϟ ˯ήΟ· ΫΎΨΗϻ ΝΎΘΤΘγ ϲϓ ˯ΎϘΒϟ ϙέϭΪϘϤΑ ϥϮϜϳ ΪϘϓ ˬ˱ΎϨϜϤϣ ϚϟΫ ϦϜϳ Ϣϟ Ϋ· .ΎϬϟ ϚΘϟΎϔϛ ΖϧΎϛ ϲΘϟ ϚΘϔϴχϭ ϲϓ ϞϤόϟ ϰϟ· ϲϠλϷ ϚϨσϮϣ ϰϟ· ΓΩϮόϟΎΑ ήϴϜϔΘϟ ϚϴϠϋ Ϧ˷ϴόΘϳ Ϊϗ ϭ ˬϯήΧ Γήϴη΄Η αΎγ ϰϠϋ ΎϴϟήΘγ ΩΪϋϺϟ ΔϠΟΎϋ ΓέϮμΑ CFMEU ˰Α ϞμΗ Ϛϟ ϚϟΫ ΙΪΣ Ϋ· .ϞϤόϠϟ ϑ ˳ Ύϛ ϯϮΘδϤΑ ϰϓΎόΘΗ ϥ .ΔϴϓΎο· ΓέϮθϣ ϰϠϋ ϚϟϮμΤϟ ϭ ϲϗήόϟ ϞλϷ ϞΜϣ – Δϋϭήθϣ ήϴϏ ΏΎΒγϷ ϞϤόϟ Ϧϣ ϙΩήσ ϞϤόϟ Ώέ ϊϴτΘδϳ ϻ x .ΕϻΎΤϟ ξόΑ ϲϓ ΔϔΤΠϣ ΏΎΒγϷ ϭ – ΔϴΑΎϘϨϟ ΔϳϮπόϟ ϭ βϨΠϟ Ύϣ .ϚϠϔϜϳ ΪϳΪΟ ϞϤϋ Ώέ ϰϠϋ έϮΜόϠϟ Γήϴμϗ ΔϴϨϣί ΓΪϤΑ ΓΩΎϋ Ϛϟ Ϥδ˵ϳ ˬϙΩήσ ϢΗ Ϋ· x ΕέήϘΑ Ϧότϟ ϦϜϤϳ Ϫϧ΄Α Ύ˱ϤϠϋ ˬΓήΠϬϟ ήϳίϭ ήϳΪϘΗ αΎγ ϰϠϋ ϥϮϜϴϓ ΓΪϤϟ ϩάϫ ϝϮσ .ΓήΠϬϟ Εέήϗ ΔόΟήϣ ΔϤϜΤϣ ϡΎϣ ϚΗήϴη΄Η ˯ΎϐϟϹ ΓήΠϬϟ Γέίϭ ήϔδϟ ΔϔϠϜΘΑ ˯ΎϓϮϟ Ϧϣ Ϊ˷ϛ΄Θϟ ϚϠϤϋ Ώέ ϰϠϋ ΐΠϳ ˬϚΗήϴη΄Η ΖϬΘϧ ϡ ϙΩήσ ϢΗ ˯Ϯγ x .ϚΗΩϮόϟ ϥ ΔϴμΨθϟ Ϛϓϭήχ ϲϨόΗ Ϊϗϭ .ςϘϓ ϞϴϟΪϛ Δϣ˷ΪϘϣ ϲϫϭ ˬΔϴϧϮϧΎϗ ΔΤϴμϧ Ζδϴϟ ΕΎϣϮϠόϤϟ ϩάϫ ΔϳΩήϔϟ Ϛϓϭήχ Ϧϋ ΕΎϣϮϠόϤϟ Ϧϣ Ϊϳΰϣ ϰϠϋ ϝϮμΤϠϟ .ΔϘΒτϨϣ ϯήΧ Ύ˱ σϭήηϭ ΕΎΒϴΗήΗ ϙΎϨϫ .02 9749 0400 Ϣϗήϟ ϰϠϋ CFMEU ˰Α ϝΎμΗϻ ϰΟή˵ϳ A BETTER LIFE? - Stories of Exploited Guest Workers in Australia 21 Arabic 457 Εήϴη΄ΘϟΎΑ ϖ˷ϠόΘϳ CFMEU Ϧϣ έϮθϨϣ :457 Γήϴη΄Η ϞϤΤΗ ΖϨϛ Ϋ· ή˷ϴϐΗ Ϋ· ϚϟΫ ϲϓ ΎϤΑ ˬϚΘϔϴχϭ Εή˷ϴϏ Ϋ· ΓΪϳΪΟ Γήϴη΄Η ϰϠϋ ϝϮμΤϠϟ Ύ˱ΒϠσ ϡ˷ΪϘΗ ϥ ΐΠϳ x .Ϫδϔϧ ϞϤόϟ Ώέ ϯΪϟ ϪΑ ϡϮϘΗ ϱάϟ έϭΪϟ ˬΔϴϟΎΤϟ ϚΗήϴη΄Η ϲϓ ΎϬϟ ϚΘϟΎϔϛ ϢΗ ϲΘϟ ΔϓήΤϟΎΑ ΔϟϮϤθϤϟ ϝΎϤϋϷ ςϘϓ ϱΩΆΗ ϥ ΐΠϳ x ."Ϟϴϐη" ˰ϛ ϞϤόϟ ϞΜϣ ϯήΧ ϝΎϤϋ ΔϳΩ΄Θϟ ΎϬϣΪΨΘγ ϦϜϤϳ ϻϭ .Ύ˱ϳήϬη ϭ ϦϴϋϮΒγ Ϟϛ ϭ Ύ˱ϴϋϮΒγ ϙήΟ ϰ˷ϘϠΘΗ ϥ ΐΠϳ x ΩΪϋ ϥΎϛ ΎϤϬϣ (MSL) ϰϧΩϷ ΐΗήϟ ϯϮΘδϣ Ϧϣ Ϟϗ ήΟ Ϛϟ ϊϓΪ˵ϳ ϥ ˱ΪΑ ϦϜϤϳ ϻ x .ϚϠϤϋ ΕΎϋΎγ Εήϴη΄Η ϲϠϣΎΣ ϊϴϤΠϟ ϰϧΩϷ ΐΗήϟ ϯϮΘδϣ ϥϮϜϴγ ˬ2009 ϮϴϟϮϳ/ίϮϤΗ ϝϭ Ϧϣ ˱έΎΒΘϋ Γήϣ άϫ ϰϧΩϷ ΐΗήϟ ϯϮΘδϣ ΓΩΎϳί ϞϤΘΤϤϟ Ϧϣϭ .˱έϻϭΩ 45221 ϦϴϴϟΎΤϟϭ ΩΪΠϟ 457 ΔΌϔϟ .2009 ήΒϤΘΒγ/ϝϮϠϳ ϒμΘϨϣ ϲϓ ϯήΧ (ΪϘϋ ϭ ΔϴϗΎϔΗ ϭ ϲϤϴϜΤΗ ϲϋΎϨλ έήϗ :ϼ ˱ Μϣ) ΔϴϟήΘγ ΔϴϟΎϤϋ ΔϘϴΛϮΑ ϻ ˱ ϮϤθϣ ΖϨϛ Ϋ· x ϚϟΫ Ϛϟ ϊϓΪ˵ϳ ϥ ΐΠϴϓ ˬϰϧΩϷ ΐΗήϟ ϯϮΘδϣ Ϧϣ ϰϠϋ ήΟ Ϛϟ ϊϓΪ˵ϳ ϥ ϰϠϋ κϨΗ .ϰϠϋϷ ώϠΒϤϟ ΔΒϳήπϟ ΕΎϋΎτΘϗ ˯ΎϨΜΘγΎΑ) ΎϬόϓΩ ΏϮϠτϤϟ ΕΎϋΎτΘϗϻ ξ˷ϔΨΗ ϥ ϦϜϤϳ ϻ x Ύϣ ϰϟ· ϚΒΗέ (ΔΒϳήπϠϟ ϊοΎΨϟ ϞΧΪϟ Ϧϣ ΎϬϤδΣ ϦϜϤϳ ϲΘϟ ϯήΧϷ ΕΎϋΎτΘϗϻϭ ϥ ϲΤμϟ Ϧϴϣ΄Θϟϭ έΎΠϳϹ ΕΎϋΎτΘϗϻ ϦϜϤϳ ϻ ˬ˱ϼΜϣ .ϰϧΩϷ ΐΗήϟ ϯϮΘδϣ ϥϭΩ .ϰϧΩϷ ΐΗήϟ ϯϮΘδϣ ϥϭΩ Ύϣ ϰϟ· ϚΒΗέ ξ˷ϔΨΗ .ΎϬϴϠϋ ΖϘϓϭϭ ΎϬΘϤϬϓ Ϋ· ϻ ˷ · ϚΒΗέ Ϧϣ ώϟΎΒϣ Δϳ ωΎτΘϗ ϞϤόϟ Ώήϟ ϦϜϤϳ ϻ x ϱΪϋΎϘΘϟ έΎΧ˷Ωϻ ϖϳΩΎϨλ ΪΣ ϰϟ· ϚϨϋ ΔΑΎϴϨϟΎΑ ΕΎϛήΘη ϊϓΩ ϞϤόϟ Ώέ ϰϠϋ ΐΠϳ x .ϱΩΎϴΘϋϻ ϚΒΗέ Ϧϣ ΔΎϤϟΎΑ ΔόδΗ ΔΒδϨΑ .Ω˷ΪΤϣ ϥΎϜϣ ϲϓ ζϴόΗ ϥ ϰϠϋ ϙέΎΒΟ· ϞϤόϟ Ώέ ϊϴτΘδϳ ϻ x .ΔϴϣϮϜΤϟ ΔϴϟήΘγϷ ΕΎϴϔθΘδϤϟ ϲϓ ϚΟϼϋ ΔϔϠϜΗ Ϧϋ ϝϭΆδϣ ϞϤόϟ Ώέ x ΔΑΎλϹ Ϟ˷Πδϳ ϥ ϪϴϠϋ ΐΠϳ ϱάϟ ϚϠϤϋ Ώέ ώϠΒΗ ϥ ΐΠϴϓ ϞϤόϟ ϲϓ ΔΑΎλ· Ζϴ˷ϘϠΗ Ϋ· x ϝϮμΤϟϭ ΐϴΒσ ΓέΎθΘγ Ύ˱πϳ ϚϴϠϋ ΐΠϳ .ϦϴϣϮϳ ϝϼΧ ΎϬϨϋ Ϧϴϣ΄Θϟ Δϛήη ώϠΒϳ ϥϭ 22 A BETTER LIFE? - Stories of Exploited Guest Workers in Australia Acknowledgements Thank you to everyone who contributed to this project, in particular: Thank you to Print & Mail for generously providing time and expertise for the design and layout. Thank you to Lachlan Riches from Taylor and Scott Lawyers for his advice. Thank you to the Uniting Church 2% For Development Fund for providing the funding to make this project possible. Last but not least, thank you to the guest workers who shared their stories.
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